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Try reading this: http://www.drinkerbiddle.com/files/ftpupload/PORTAL/Kunz_Article_Final_Nov_2013.pdf http://www.drinkerbiddle.com/files/ftpupload/PORTAL/Kunz_A
by fpgeek 11y ago
Try reading this: http://www.drinkerbiddle.com/files/ftpupload/PORTAL/Kunz_Article_Final_Nov_2013.pdf http://www.drinkerbiddle.com/files/ftpupload/PORTAL/Kunz_Art...
This is an article the legal reasoning behind why the iBookstore MFN clause was an antitrust violation - it was designed to impose financial penalties on publishers that did not get all of their retailers to switch to an agency pricing model.
This is similar to an earlier case about Toys 'R Us. They got a group of toy manufacturers to agree to restrict their toy sales to warehouse clubs, so long all the manufactures in the group agreed to do so.
- acqq 11y agoSo they really claim that Apple's sin was that they put in the contract MFN in the form "if the price is lower is some other store it can be that low in our store too." Strange. Edit: "the use of a unique "most favored nation" (MFN) clause. Under the DOJ's reading of the Seventh Circuit's Toys "R" Us decision, the DOJ argued that this was a per se violation of Section 1 of the Sherman Act."
- Oletros 11y agoNo, this is not what is claimed