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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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It's a good artcle - and one puzzle comment | 393 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
It's a good artcle - and one puzzle comment
Authored by: Anonymous on Wednesday, July 10 2013 @ 07:18 PM EDT
"The Justice Department said at trial that it wants to block Apple from
using the agency model for two years. It also wants to stop Apple over a
five-year period from entering contracts with clauses designed to ensure it
offers the lowest prices." It's the last sentence about clauses. I am not
up on the case so I am not sure if it could be proven in court via a copy of the
contract. But if you go out to a group of publishers, and say name your price -
but I get a 20 - 30 percent cut and exclusive lowest price in the market... well
that sure sounds like collusion or could be easily inferred since it offers
higher prices to the publishers and locks out all others by contractually
setting a minimum price. The publishers could set their minimum price
themselves, but if someone like Amazon or B&N bought 1000 copies for 14 and
sold for ten, why would the publishers care. They got their asking price for the
1000 copies. So I think inferred collusion might be the best they could do,
unless they have evidence that might prove beyond a shadow of a doubt.

[ Reply to This | Parent | # ]

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