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Old 04-11-2012, 08:22 PM   #128
stonetools
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And I'm back.

I finally got a chance to read and re-read the complaint. I must say, there is more evidence of collusion than I thought. Kudos, DOJ. They put in some hard work. That said, there are gaps.
A lot of the complaint reads like:

Quote:
In September 2008, Penguin Group CEO John Makinson was joined by Macmillan CEO John Sargent and the CEOs of the other four large publishers at a dinner meeting in "The Chefs Wine Cellar," a private room at Picholene. One of the CEOs reported that business matters were discussed.

United States Department of Justice (2012-04-11T07:00:00+00:00). United States v. Apple, Inc. et al (Kindle Locations 176-178). Kindle Edition.
So businessmen discuss business matters at lunch? WOW.
There is a lot of talk about the "9.99" problem and talk of mounting a collective response, but actually the publishers don't do much (except windowing)till Apple shows up.
Now Apple does offer them agency and the DOJ does show that the publishers are happy to do agency agreements with Apple. But then they don't move in concert against Amazon, although according to the complaint, it would be impossible for any company to move against Amazon alone.
The complaint dances around this, but the fact is that only one company Macmillan, moves against Amazon. Only after Macmillan faces down Amazon do the others press for agency.
Again, maybe they'll fill in the gaps with discovery. If they don't , it will be a tough trial for the DOJ.
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