Thread: DOJ: Apple and B&N can continue to use agency pricing
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Old 07-25-2012, 04:14 PM   #61
Kali Yuga
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Quote:
Originally Posted by Graham View Post
As noted in the case, the Sherman Act states that the playing field should be returned to the state it was in before the conspiracy...
It's not actually part of the Sherman Act -- at least, not its original text. In Paramount, the SCOTUS asserted that punishments could "undo" the effects of the anticompetitive acts.

The thing is, prior to Apple getting into the market and the adoption of agency pricing, Amazon had an alleged 80% of ebook market share. Should it really be the job or goal of the DoJ to give Amazon a monopoly?

It's also far from clear that the alleged collusion affected anything more than the timing, or amounted to all that much more than CEO's having dinner one night in Manhattan.
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