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Originally Posted by darryl
But they could have taken action themselves if they actually had a case. If they won they would get treble damages plus attorney's fees. Quite an incentive. Unless of course you don't have a case.
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There is a reason that one rarely sees non governmental anti-trust suits in the US. You see a lot of pile on suits, but most companies file a complaint with the FTC or DOJ rather than actually file a suit themselves against another company. The publishers had earlier complained about Amazon to the DOJ and nothing happened. No reason to think that the DOJ under the previous administration would have taken any action about that either.
Publicizing Amazon's actions and fighting Amazon in the court of public opinion was the smart thing to do. That's what they did, and it worked quite well. The various publishers are in business to make money. The correct response isn't always to sue.