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Originally Posted by stonetools
He will testify it was like that .You have to produce evidence that it wasn't like that. If the DOJ can't, then game over. So far I've heard no evidence whatsover that Sargent sat down with anybody and entered into a scheme to challenge Amazon over the agency model in order to raise prices
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Did you read the lawsuit? Admittedly the case is yet to answer, but paragraph 44 certainly implies that there is evidence:
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In addition to the CEO dinner meetings, Publisher Defendants' CEOs and other exexcutives met in-person, one-on-one to communicate about e-books multiple times over the course of 2009 and into 2010 ... Macmillan CEO John Sargent joined at least one of these parent company meetings.
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The various points of evidence are mentioned in the document - not specifically about Sargent - but generally, with perhaps the key point being the concerted action taken by the Big 5 and the identical agreements signed by them with Apple all coming into effect on the day of the iPad launch, with the clauses to set the price caps for eBooks matching hardcover releases (which in practice the suit suggests have been the prices generally set) to $12.99 and above - i.e. raising prices from 'Amazon's $9.99'.
Graham