Even the dissenting judge more or less admitted that they fixed prices:
"...Apple’s conduct “was unambiguously and overwhelmingly procompetitive,” Jacobs wrote. “Apple was a major potential competitor in a market dominated by a 90 percent monopoly, and was justifiably unwilling to enter a market on terms that would assure a loss on sales or exact a toll on its reputation.”
http://www.washingtonpost.com/busine...a61_story.html