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Isn't the elimination of agency for 5 years the entire point of what the DoJ are doing? They moved to agency illegally and as a punishment cannot move to it again for 5 years. After that time, I assume they can _individually_ choose to move to it again or not.
Regardless of all the other restrictions they wish to impose on Apple, the 5 year agency limit seems like one of the most important (only slightly ahead of the MFN limit though)
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