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Certainly, it's not like the DOJ has never overstated their case, or even flat out lied in any previous attempts to nail someone. The DOJ has a pretty poor record as far as monopoly charges go, typically if the case actually goes to trial (most settle just to avoid the expense of going to trial), the defendant tends to win.
In this particular case, the DOJ has a problem from the stand point of Apple isn't even remotely close to Amazon when it come to ebook sales. They have a problem from the price fixing point of view in that there isn't a price that has been fixed. I can buy ebooks at all sorts of different prices at both Apple and Amazon. Apple simply has a contract with each of the publishers saying, "Ok, I'll let you set the price as long as you don't sale it elsewhere at a lower price". Price fixing would be if the publishers got together and agreed to sale all their books, or all the books in a certain category at a given price.
Of course, we have the usual suspect jumping into the suit given that we have a defendant (Apple) with very deep pockets, so everyone is in the mood for a little legal extortion.
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