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FW had a strong feature in a potential war against amazon: Format flexibility. The non-DRM'd ebooks are offered in several formats--they can say, "you can use multiformat books on your next device as well." But removing all the agency books gutted the catalog too much for that to be a compelling point for the majority of customers.
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So business conditions changed , and a store's existing business model no longer guarantees success. Surely that has never happened.. Oh yeah, Borders!
Of course, different formats and no DRM are popular selling points -on Mobile Read. I hate to always be pointing this out , but the average consumer doesn't care about any of this,which is why FW is suffering now.
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Y'know, the people who pay them? The ones who are keeping them in business? The ones who don't know DRM exists until they "upgrade" their K2 to a Nook Color and discover none of their "ebooks" can be read on their new "ebook reader" and want to know why.
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Where's the evidence that the average consumer is being driven away by agency pricing and DRM. Oh yeah, there is none. In fact, many more of those DRMED, agency priced ebooks are being sold today than in the good old days of no agency pricing and no DRM. Why is that, I wonder?
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There's public evidence of them saying "ebook prices are too low! We cannot allow $10 ebooks to continue!" I'm less sure about the "we must band together" part in public--but they certainly managed to all switch over at the same time.
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Well you got to have that "band together" part to prove your collusion case in court. We'll see what they turn up, but color me skeptical that they'll find that.