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Old 03-10-2012, 05:44 PM   #102
stonetools
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Quote:
Originally Posted by markbot View Post
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.
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.
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