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Maybe they think there's so much momentum behind ebook adoption that they can't hurt themselves by taking control of pricing and undercutting discounters like Amazon and Kobo. That price control is more important than short term profits (at Amazon's expense, when they subsidize $9.99 pricing). They could be right.
I will not argue that US laws are better or worse than Germany's or Spain's, but we in the US quite expect to shop around for the best price, it forms the basis of our mad consumerism, and so this looks like price-fixing to us (particularly when unlike physical goods, there is no resale market). I guess we'll see if someone will challenge this in the courts here.
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