Quote:
Originally Posted by HarryT
So it would not be an offence for one publisher to say to Amazon, "I'm only going to let you sell my books if you agree to act as an agent, rather than a retailer", right? It's the fact that that five publishers did so jointly?
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Yes, Harry, that is correct. It is also not a problem if the 5 acted wholly independent of each other. The fact that it occurred simultaneoulsy is circumstantial evidence of collusion, but not conclusive proof. It is sufficient proof in a civil suit if the defendants do not counter it. The question really boils down to "what other inference could a reasonable person draw?"