Neil Averitt commentary: E-books case in retrospect: Was DOJ a hero, or not?

(December 3, 2013) -- In the e-books case, book publishers tried to organize a united front against Amazon and ended up as the defendants to a federal antitrust complaint. Now that the trial phase of the case is over, what lessons should be drawn for the future? Was the Antitrust Division a hero here, vindicating well-established principles against price-fixing? Or was it being willfully obtuse, suing firms that were more the targets than the real wielders of market power? In other words, should the Division have exercised more prosecutorial discretion before pulling the trigger on a simple per se collusion theory?...

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