Quote:
Originally Posted by afv011
I don't understand why they didn't settle like the others, they could have buried this. Now they're getting bad press, and they will drag themselves through the mud with the appeals process.
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Maybe it has something to do with what
holymadness quoted earlier:
Quote:
Apple is pressing this because they are playing the odds.
Since the late 90's, most per-se rules that existed for the antitrust act (vertical resale price maintenance, etc) have been converted back to rule of reason analysis by the Supreme Court.
The only one so far that has not is "horizontal price fixing", which is what Apple is accused of.
They are playing the odds that if they appeal it up the chain far enough, SCOTUS will take it and declare horizontal price fixing not per-se illegal.
Apple knows that Amazon's conduct will not save them from a per-se illegal ruling like what just happened, it would only possibly save them under the rule of reason. This argument (and that part of the decision) is really directed at getting the supreme court (or at least the appeals court) to decide on the merits if SCOTUS declares horizontal price fixing to be not per-se illegal, rather than have to go through a trial again, etc.
Essentially, apple has nothing to lose by pressing except a little bad press, and much to gain.
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That's apparently a quote from someone on Reddit. I have no idea how much or little they know about this sort of thing, but they certainly sound informed.
Source:
http://lo.reddit.com/r/technology/co..._judge/cazvdk7
(
edited to add: there's some more relevant discussion regarding this at that link)