It's not a "maybe," it's a "definite." Apple + 5 publishers are getting sued.
http://mediadecoder.blogs.nytimes.co...ok-pricing/?hp
Full text of the suit is attached, for the law geeks.
The DOJ is suing Apple, Hachette Book Group, HarperCollins, Macmillan, Penguin Group USA and Simon & Schuster over the
adoption of agency pricing.
It looks like agency pricing itself is not the issue -- as indicated by Random House adopting agency pricing months after the other publishers.
My guess at this time is that if they don't settle, it'll take 2-3 years for the case to be finalized. Everyone will get a fine (i.e. big slap on the wrist), Apple's guarantee of "no one gets a lower price than us" will be tossed out, retailers will be allowed some latitude with discounts and... agency pricing will continue. I guess we'll see in 2-3 years.