Quote:
Originally Posted by pwalker8
The Leegin ruling basically says that vertical markets can not be found to be per se guilty under the Sherman anti-trust act. Under that ruling the Justice Department would have to prove that Apple knowing conspired to restrain trade, as opposed to a per se claim by the Justice Department, which says that Apple is guilt merely by negotiating with the various publishers. It really is the heart of the Justice Department's case and the real heart of Apple's appeal.
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This being at the heart of the DoJ case you can't say that they went back to it as if they changed their case somewhere in the middle.
The Leegin ruling is that vertical markets are per se guilty under the Sherman anti-trust act unless the actions can be justified as procompetitive. The heart of Apple's case is that the actions were procompetitive. The DoJ didn't see it that way since the prices for the ebooks of the publishers involved in this went up.