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Hold on....your quotes back my point. The difference is Apple and the publishers should have sued Amazon instead of colluding. It doesn’t state that Amazon wasn’t price dumping.
I think the judges position that it doesn’t matter if competitors are hurt if prices are lowered for consumers...is naive. Selling goods below cost because you have more access to capitol than all the competition....is harmful. Customers aren’t getting a lower price due to some more efficient process. Amazon just ate the difference. They wouldn’t have done so forever. They might not have raised prices....they just would have told publishers to take less per book. And with most of the book sellers run out of business...publishers would have been powerless to fight. Which is WHY the publishers had to fight when they did. None of which was given consideration by judge Koh. All of which might well come under revue now
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