It looks like they will have to:
Quote:
“The department is currently reviewing the proposed joint venture announced by Penguin and Random House Inc., the largest U.S. book publisher. Should the proposed joint venture proceed to consummation, the terms of Penguin’s settlement will apply to it,” the DoJ said in its press release. Until the merger is approved and finalized, Random House, which was not involved in the DoJ suit, is free to continue to sell its e-books under the agency agreement. According to court documents, once the merger is completed, Penguin Random House will have 30 days to meet the obligations agreed to by Penguin
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Penguin Settles with DoJ; Terms Will Apply to Merged Company