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The DoJ has explicitly stated that agency pricing is legal, and should be allowed to continue.
Again, agency pricing levels the playing field for retailers, and the Big Six did not collude with Apple to drive small publishers out of business. It is legal for producers to set required prices on their goods. Agency pricing is not inherently anticompetitive.
The alleged illegal behavior was ultimately only in the collusion over the timing of the switch. That's why Random House is not being charged in the antitrust action, and is not required to change its pricing policies.
To put it another way: The publishers should not be prevented from using a legal pricing method as punishment for collusion, and the DoJ should not degrade competition (and inexplicably favor Amazon) in order to fix anti-competitive behavior.
If the publishers did in fact collude illegally, they should be fined and heavily supervised to prevent future collusion, much as is done in other antitrust actions.
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