Quote:
Originally Posted by markbot
In this case, I don't think it is resale price maintenance since in agency pricing the retailer doesn't buy the book and resell it....they sell it on behalf of the publishers and take a 30% fee. I think this is the case. Agency pricing is perfectly legal I believe but in this case it is considered price fixing, perhaps, because all the major publishers changed to it at the same time via Apple.
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Well you may be right about the model but the courts reasoning in the case seems very applicable here. The court did find that a manufacturer could dictate minimum prices to a retailer under certain conditions and the conditions the court found acceptable are a lot like what the publishers have been talking about.