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Originally Posted by stonetools
THe DOJ strategy is to focus on price of bestsellers alone: Apple argues that there is more to a healthy ebook market than that. I think tat eventually the Supreme Court will decide who is right under the law.
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The DoJ isn't focused on what's "healthy for the ebook market." Nor should they be. That's not their purview. That the defendants actions might have "led to a more diverse and competitive market" is completely irrelevant to the DoJ's case.
"Did the defendants break the law in how they breathed life into this agency model?" is the only question needing answered here. Not "would the agency model foster more competition?"... no matter how much the defendants
want it to be about the latter.
Mitigation is not justification.