Quote:
Originally Posted by SteveEisenberg
Others should check out your whole #33 post, since I've edited out important parts. But, re the point quoted above, note that vertical price fixing, according to a 2007 US Supreme Court case, is not "per se" illegal. It instead is subject to the "rule of reason," itself subject to case law that may have changed by the time Apple exhausts its appeals. |
This is the third time I've pointed out in this thread alone that Judge Cote wrote in her decision that even if the evidence did not support a per se violation, the case would come out the same under the rule of reason standard, because Apple cannot show any pro-competitive effect of the publisher agreements.