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The Agency Model is not price fixing no matter how you cut it. There is no agreement on price between the publishers; at best there is agreement on a distribution model, which is no different than what existed before the agency model.
As Shellshock notes, the products aren't the same -- they aren't interchangeable.
Each publisher is free to set its own price for a book. John Grisham could be sold at $16.99 for the hardcover and Stephen King at $79.99. More importantly, look at pricing for paperbacks. Nearly all mass market paperbacks have a similar retail list price yet that is not price fixing.
It is wishful thinking that the agency model is illegal, but it isn't. The U.S. Supreme Court has held that manufacturers can set minimum resale prices without violating antitrust laws as long as they didn't conspire on the prices. Ever notice how little Sony products are discounted?
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