09-10-2012, 11:20 AM | #1 | |
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Lawyer argues that price fixing among publishers is legal
http://paidcontent.org/2012/09/10/la...price-changes/
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Can anyone shed a light on that Supreme Court decision that price collusion is not illegal in the case of market failure? This is first I heard that price fixing among publishers is okay in the USA (I know it is legal for publishers to fix price in Germany, France and Spain). Last edited by Top100EbooksRank; 09-10-2012 at 11:26 AM. |
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09-10-2012, 11:23 AM | #2 |
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Nobody's ever said that "price fixing is illegal". It's forming a cartel to fix prices that's illegal.
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09-10-2012, 11:28 AM | #3 | |
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In an interesting tactical shift, Kohn appears to acknowledge that the publishers did in fact collude to fix prices but that the price-fixing was not illegal. ....because if the restraints is reasonably necessary to achieve the benefits, it's legal. |
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09-10-2012, 11:36 AM | #4 | |
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Judge Cote addressed this on pg. 40 of the document giving approval for the settlement:
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09-10-2012, 11:37 AM | #5 | |
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Did not the Robber Barons of the 1800's think the same way? Apache |
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09-10-2012, 01:15 PM | #6 |
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I think Kohn just volunteered as a witness for the prosecution.
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09-10-2012, 04:19 PM | #7 | |
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I wonder when we're going to have our first full-blown megacorp, and which one it'll be? |
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09-10-2012, 05:25 PM | #8 | |||
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Kohn is really reaching. Here is the syllabus of the Indiana Dentists case:
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In determining whether there was a restraint of trade in this case, the supreme court said this: Quote:
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But the defendants here were entitled to a trial or to settle, and chose to settle. Any appeal of the court's opinion will need to be based on the propriety of accepting the settlement (i.e., whether the terms and conditions of the settlement are reasonable in light of the harm). You can't appeal on the basis that, if there had been a trial, there was an argument you could have might have permitted you to win. The defendants chose not to have a trial; Kohn can't force them to. |
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09-10-2012, 07:15 PM | #9 | |
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Quote:
To put it another way: 6 crooks pull off a heist and are brought in for questioning. Confronted with the prosecution evidence, three choose to accept a plea bargain and the other three want the courts to reject the plea deal. What are the odds any court of appeals is going to buy any argument? Not very good as long as the settling parties don't gripe. Today's news of Harper Collins discounts all over suggest *they* are ready to move on instead of going down, guns blazing. |
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09-10-2012, 07:25 PM | #10 |
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"Lawyer argues that breaking the law is a legal right"
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