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Of course, the publishing industry isn't quite the cash cow that big tobacco is, so there's less incentive to go after them.
That said, I'm not entirely convinced that the agency model fits into the price-fixing laws, since the sellers aren't actually buying and reselling the product. It's more akin to consignment sales. The retailers are just contracting to act as an agent for the publisher. A real estate agent can't arbitrarily set the price on a property without the seller's consent, no matter how many realtors have the listing.
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