So, does this make Apple the bad guy? It doesn't seem to deny collusion, just paints Apple as the responsible party. Granted Apple is powerfull, but it just doesn't seem credible that publishers would not understand the implications of agreeing. It comes across to me as legal reps establishing a basis for defense against class actions seeking monetary judgements.
If I, who basically felt the agency process was an over all plus, don't find the reasoning compelling, it is hard to believe the DOJ will. I wonder if there has been any new predictions of how courts might rule by national legal experts, if a settlement with DOJ is not reached.