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BaldiMac

macrumors G3
Jan 24, 2008
8,761
10,889
i never said agency pricing is illegal.

Sure you did. Lots of times. You repeatedly used the results of agency pricing as examples of anti-competitive behavior.

I said price fixing is illegal.

You said that, too. Some types of price fixing are definitely illegal.

However, agency pricing in the ebook market can't come about naturally without collusion.

Sure it can. Amazon is using agency pricing for self publishers.

Apple's argument is that it simply pushed for agency pricing in it's negotiations with the publishers. If those deals were negotiated separately, there was no collusion and no price fixing. Even if all the publishers that signed with Apple used their contracts with Apple as leverage against Amazon.

However, the evidence seems to indicate to me that the publishers did collude.

Amazon can fight 1 publisher, but it can't fight 5 publishers who team up illegally.

Yep. Though I disagree with your position that it's in the long-term consumer interest for Amazon to win the fight.
 
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