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Originally Posted by DiapDealer
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.
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Well, Apple would argue that it did not break the law because there was no collusion. That's Apple's first line of defense.
Its second line of defense is that what they did led to a more competive market. As you know, the ant-trust laws speak of "competition" and "restraint of trade" , not "low prices".