” But Apple was not a participant even in the “agreement.”
LOL! emails, phone calls, conferences and SIGNED CONTRACTS!
There were no CONFERENCES where multiple publishers and Apple attended. ZIP, NONE. Apple's VP met individually with the six major publishers attempting to line them up for participation in Apple's new venture. There was no conference where a group of publishers from even two or more publishers and Apple met together. All testimony agreed on that. Only the DOJ came up with a fictitious joint meeting for which they had ZERO evidence, no air tickets, no phone records, no emails, to show that it happened.
Not with the agreement to collude between the publishers. I may have emails, phone calls, even meetings with companies that may be in collusion, and may even sign individual contracts (which is what Apple had with each publisher) with each of them, but that does not mean I am a member of their conspiracy. I may even agree with the goal they are pursuing jointly and agree to help them. That doesn't mean I can be judged on the same basis as they do because the elements of the crime are not the same. I am not in competition joint competition with them. . . and the Sherman Act was intended to prevent such collision between competitors, and since I am not a competitor, my motives have to be examined to find out why a vertical participant is involved. . . using the rule of reason not the per se concluding automatic guilt.
You may have noticed I have never argued the guilt of the publishers even though the effect of their conduct also served to break Amazon's monopoly. That is because they did indeed collude. . . an act that was indeed per se illegal. There was no doubt they acted illegally. My complaint really is not triggered as some here state is merely because it is Apple. I would be just as incensed if it were ABC Outhouse company that were the Vertical actor being swept up into the conspiracy and being railroaded by Liberal DOJ and people in black robes ignoring the very clear established case law about antitrust.
I have been incensed about the DOJ ignoring the 8000 pound elephant in the room for years due to political donations as Amazon rides roughshod over mom-and-pop businesses everywhere and even destroying larger businesses such as B. Dalton Bookseller by its predatory pricing. Complaints have been filed and they go into the DOJ, never to be heard of again, all because Jeff Bezos is a huge Democrat donor and supporter of Obama's policies.
As a conservative, you should be too.