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Originally Posted by stonetools
In any case, this is moot. The lawsuit will most likely fail, because there is simply no EVIDENCE that Apple and the Big Six publishers colluded to fix prices: innuendo and conspiracy theories aren't evidence.
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A prima facie case can be made based on the discussions and public announcements of Apple and the original Agency 5. The real crux of the issue, I think, is whether the courts will decide that all books can be considered a single product or each book has to rise and fall on its own. If the former, then the possibility of collusion exists; if the latter, collusion on pricing would be impossible to prove because each book has no competition. Publishers can rightly claim that the newest Terry Brooks release is not a substitute for the newest Stephen King release so there can't be collusion even if the price is the same.