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Originally Posted by Ninjalawyer
I actually don't recall Rhadin's post about specific legal issues, and thought I responded, so I'll go back and review. I do note though that Judge Cote cited the Leegin case in her decision.
"Conspiracy" might be a bit harsh, but you said in several posts that there was obvious crony-capitalism going on, but couldn't produce anything to substantiate that. As for your links from Fortune above, thank you. I haven't read those yet and will, but I appreciate that they appear to be more substantive than opinion pieces from the WSJ.
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Crony capitalism doesn't necessarily involve conspiracy and it isn't illegal per se. It's simply the way things work. It's simply standard networking when one of the parties is in the government. Amazon lobbies the US government heavily. Here is an article from the Washington Post that talks about Amazon's Washington DC lobbying office (
http://www.washingtonpost.com/politi...24a_story.html ). Call me cynical, but there is a reason that Amazon spends millions of dollars in Washington, DC.
Frankly, I'm going to spend more time finding specific examples for you since your history is of thoughtful posts. I'm not going to spend a lot of time reposting the same old links for people who have not shown that they are interested in serious discussion rather than being snarky or complaining because some information is behind a paywall (hint, at one time one could google the title of most WSJ articles and get past the paywall, this is if one is actually interested rather than just playing rhetorical games). The initial article is of interest become it sums up some of the various objections to the ruling, rather than presenting evidence. It is possible to read that article, then google for information about the various points, if one wants more detail.
The Leegin case and the anti-trust philosophy expressed by Bork in his book are important for understanding why I believe that Judge Cote has misapplied the law. I understand that she cited it, but it doesn't follow that she correctly applied it. She seems to have been applying the old standard and then when called on it, dismissed the objection with a wave of her hand.