[stonetools]

Originally Posted by fjtorres

And again: US antitrust is first and foremost about protecting *consumers*.

Try this:
http://en.wikipedia.org/wiki/United_...mer_protection

First of all I think you are right that the high court might go either way. My point is that it won't be a slam dunk for the DOJ. Also if you read the antitrust laws you cite the laws are supposed to help the consumer by promoting competition. The publishers claim that agency pricing promotes competition among retailers and thus would help theconsumer in the long run.
Now the DOJ doesn't buy that argument but the supremes have bought a similar argument in the past.
Frankly the thought of an Amazon that dominates the market gives me pause. They would control book prices and be able to dictate terms to publishers and authors alike. Maybe the court might see it that way too.
In any case I'm glad I don't have to make that choice. I see shades of grey here not pure, baby Jesus innocent Amazon against Satanic publishers.