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Whether or not collusion brings any benefits to third parties (those that did not collude such as customers, ebook stores, etc.) is irrelevant. Price fixing (competitors agreeing on prices, discounts or lack thereof) is illegal conduct per se (in itself). If publishers came out with the agency model by discussing their pricing among themselves, then they violated the law period. It's a felony. All this discussion of agency model versus non-agency model is besides the point.
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