[fjtorres]

Hmm, I'm wondering...
Among the evidence presented in the DOJ filing are emails where Penguin "nudges" B&N to "punish" Random House for not joining the conspiracy on day one. B&N went along and stopped all RH promotions until they joined the price fix regime.
The DOJ hasn't charged either because they appear to have been coerced.

Class action lawsuits are a wee bit different than DOJ lawsuits, though, and if B&N makes enough noise about how they benefitted from the price fix, some of the AGs or the customer attorneys might see fit to amend the filings and include B&N on the docket. Especially now that they have a $600 million pot of Microsoft money to pay from.

I'm wondering how wise it is for B&N to stand so close to the conspirators when their own hands aren't exactly clean...