Quote:
Originally Posted by stonetools
The Supreme Court of the United States- who are the the only people who count, in the end- has held that in certain cases the they would look beyond whether there was an agreement or decision to fix prices.
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Now people can repeat ad nauseam about what the courts should be looking at, and ascribe any kind of motives to me, but what they can't say is that I am wrong on the law. Because I'm not wrong.
There is a reason why the best legal talent the defense can buy make arguments other than collusion. Because they know the law, and they're not wrong either.
Now Canadian law may be different. May be the law there is that the courts will look only on the issue of collusion, and I bow to your superior expertise there. But US law is different. THE END. |
You're confusing questions of fact and questions of law in the above. Whether or not their was an agreement between the publishers to fix prices is a question of fact. Whether or not their was a violation of competition laws is a question of law (obviously). On the question of fact, it's irrelevant what Amazon did or didn't do because there either was or was not an agreement (and you don't necessarily need a written agreement in cases of collusion). On the question of law, it's also likely irrelevant what Amazon did or didn't do; in any event, the court would be unlikely to give that much consideration as Amazon is not a party to the DoJ action so cannot cross-examine witnesses or call evidence.
And with respect to your scholarly knowledge of U.S. laws, note that Canadian law and American law are generally very similar as both countries use the Common Law system (well, Quebec uses French Civil Law, but that's an annoyance for another day), they differ mainly in the specifics. I would suggest that this thread probably isn't the place to start a conversation about the rules of precedent, what is or isn't obiter and and the merits of the Wikipedia article you cited.
Oh, and since we're declaring ourselves to be expert in things - I'm now a doctor.