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Originally Posted by stonetools
Well, that's the argument to the Supreme Court.
"Yes, we colluded to fix prices BUT we did it for a good business reason, and we're asking you to make an exception to the general rule"
That's how the defendant won in the Leegin case. Now will the Supreme Court buy this in a case where there is not one supplier, but a group of suppliers acting in concert? Dunno. Possible, though.
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The question really is whether Justice Kennedy will buy this argument. I think the poistions of the other justices are fairly certain with Scalia, Thomas, Alito, and Roberts agreeing with Apple and the other 4 disagreeing.