Quote:
...where sellers agree not to discount the sales price below the agreed-to minimum price...
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That is what MFN clauses do: they set a common minimum price.
In this case, the publishers, being the sellers of record, agreed not to sell ebooks any cheaper than at iBooks. Through the *combination* of Agency and MFN, Apple literally got to set Sony, Nook, and Kobo's prices. And the DOJ took exception to the combination, which is why they took pains to point out their beef was with this specific instance of Agency pricing, not the concept itself.
Agency+MFN = illegal price fixing.
5 Publishers coordinating through Apple to fix prices simultaneously = conspiracy.
Conspiracy + illegal price fixing = a world of antitrust hurt.
Fully documented.
Open and shut.
No matter how they try to muddy the waters or spin it, those facts are literally beyond legal dispute.