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Originally Posted by DiapDealer
Having a legal case against Apple and the publishers, and agency pricing being a huge factor in their collapse are two very, very different things. They don't need to go hand-in-hand. In short: having a weak legal case against Apple and the publishers says very little about whether or not agency pricing contributed to Diesel's and BooksOnBoard's demise.
As far as Fictionwise goes, there is no question in my mind that agency-pricing ended their Micropay program. Nor that Fictionwise's Micropay program was their primary tool for competing against bigger ebook retailers including Amazon. That B&N bought Fictionwise prior to agency pricing's original incarnation is neither here nor there in this regard. Fictionwise and Micropay survived long enough for agency pricing to kill them both.
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It was ruled that they could show no injury. If agency pricing was a huge factor in their collapse, then they should have been able to show injury. Being able to show injury is pretty straight forward. All you need is before and after sales figures. Apparently, those figures didn't show such a cause/effect.
That B&N bought Fictionwise before agency pricing is everything. Why exactly do you think B&N bought Fictionwise? The only wonder is why they waited so long to roll Fictionwise into their store.