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Originally Posted by pwalker8
It's only anti-trust if the parties agree to a specific price point, or agree not to under sale each other.
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Agreeing not to under sell each other is exactly what they did. It's the only way you can possibly read the MFN clause with Apple.
Quote:
Originally Posted by pwalker8
In addition those parties have to have a monopoly position.
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Where is this stipulated?
Quote:
Originally Posted by pwalker8
For example, it would not be an anti-trust situation if you and I got together and decided to only sale our self published ebooks for $10. If would be anti-trust if the major publishers did the same.
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We are talking about the major publishers here, of course.
Quote:
Originally Posted by pwalker8
My understanding of the situation is that the publishers didn't get together as set a price,
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They got together and set an effective minimum price, with a combination of raising the new sale price for bestsellers and Apple's MFN clause.
Quote:
Originally Posted by pwalker8
but rather they got together and forced Amazon to accept an agent pricing agreement, where the publishers set the price, not Amazon. Whether or not that is an anti-trust situation isn't really known.
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The DOJ and the judge certainly thought it was an anti-trust situation. By all means claim that it isn't really known until the appeal is heard.
Graham