“Barnes & Noble, the last of the nationwide brick-and-morter bookstore chains, plays only a bit part in the Department of Justice’s antitrust case against Apple,” Philip Elmer-DeWitt reports for Fortune. “It was one of the ‘other retailers’ that, alongside Amazon, was forced to change its business model when Apple joined the cabal of book publishers conspiring to raise the price of e-books.”

“So there was an element of cognitive dissonance Tuesday in the Manhattan federal courtroom where the case is being tried when Theresa Horner, Barnes & Noble’s VP of digital content, was sworn in as a witness for the defense and began to tell the court what the e-book market looked like in late 2009 and early 2010 from her point of view,” P.E.D. reports. “It was a mess.”

Advertisement: ZAGGskins™ Custom Skins for Apple iPhone.

P.E.D. reports, “In the government’s theory of the case, the agency model was Apple’s contribution to the publishers’ conspiracy. But according to Horner’s testimony, Barnes & Noble was already planning internally to switch the Big Six to agency before Apple arrived, and that she was under instructions to put those plans into ‘overdrive’ before Barnes & Noble lost even more money… Nobody ‘forced’ Barnes & Noble to switch, Horner told the court. The company was doing it for its own survival.”

Read more in the full article here.

MacDailyNews Take: Stupid waste of time.

As we wrote the day the DOJ filed this lawsuit, “The U.S. DOJ is plainly inept.”

Once again: Killing real competition for the appearance of competition is just plain stupid.

[Thanks to MacDailyNews Readers “Edward W.” and “Arline M.” for the heads up.]

Related articles:
The Apple e-books trial takes a detour into the absurd – June 18, 2013
Steve Jobs, Winnie the Pooh and the iBookstore Launch – June 17, 2013
Apple set to present its defense in e-book antitrust case – June 17, 2013
Steve Jobs was initially opposed to entering the e-book market – June 14, 2013
U.S.A. v. Apple: DOJ’s last best chance in e-book case has passed – June 14, 2013
Obama admin trying to throw the book at Apple; U.S. DOJ goes after an innovator whose market entry reduced prices – June 13, 2013
Apple’s Eddy Cue denies price-fixing allegations at U.S v. Apple e-books trial – June 13, 2013
Apple fires back at DOJ with email Steve Jobs actually sent – June 13, 2013
Is Steve Jobs’ unsent email a smoking gun in Apple e-book case? – June 12, 2013
Winds shift toward Apple in U.S. DOJ’s e-book trial – June 12, 2013
Day 5 of the Apple ebooks trial: Publishing execs testify; Rupert Murdoch’s role – June 11, 2013
U.S. v. Apple iBookstore case could go to the Supreme Court – June 5, 2013
Apple accuses DOJ of unfairly twisting Steve Jobs’ words in e-book case – June 4, 2013
U.S. DOJ prosecutors accuse Apple of driving up e-book prices – June 3, 2013
U.S. v. Apple goes to trial; DOJ claims e-book price-fixing conspiracy with Apple as ringmaster – June 3, 2013
U.S. DOJ takes Apple to trial alleging e-book price-fixing – June 2, 2013
In pretrial view, judge says leaning toward U.S. DOJ over Apple in e-books case – May 24, 2013
Penguin to pay $75 million in e-book settlement with US State Attorneys General – May 23, 2013
The hot mess that is Apple’s e-book legal fight with U.S. DOJ – May 16, 2013
Apple: Deals with publishers improved e-books competition – May 15, 2013
Apple tells U.S. DOJ of tough talks, not collusion, with publishers – May 15, 2013
EU ends e-book pricing antitrust probe into e-book pricing; accepts offer by Apple, four publishers – December 13, 2012
Apple, publishers offer EU e-book antitrust settlement – September 19, 2012
Judge rubber-stamps U.S. e-books settlement – September 6, 2012
Apple, four publishers offer e-books antitrust concessions, says source – August 31, 2012
Apple bashes Amazon, calls U.S. DOJ settlement proposal ‘fundamentally unfair, unlawful, and unprecedented’ – August 16, 2012
U.S. antitrust settlement with e-book publishers should be approved, feds say – August 4, 2012
U.S. Justice Department slams Apple, refuses to modify e-book settlement – July 23, 2012
U.S. senator Schumer: Myopic DOJ needs to drop Apple e-books suit – July 18, 2012
Apple’s U.S. e-books antitrust case set for 2013 trial – June 24, 2012
U.S. government complains, claims Apple trying to rush e-books antitrust case – June 21, 2012
Barnes & Noble blasts U.S. DOJ e-book settlement proposal – June 7, 2012
Apple: U.S. government’s e-book antitrust lawsuit ‘is fundamentally flawed as a matter of fact and law’ – May 24, 2012
Federal Judge rejects Apple and publishers’ attempt to dismiss civil case alleging e-book price-fixing – May 15, 2012
Court documents reveal Steve Jobs email pushing e-book agency model; 17 more states join class action suit – May 15, 2012
Apple vs. Amazon: Who’s really fixing eBook prices? – April 17, 2012
Apple: U.S. DOJ’s accusation of collusion against iBookstore is simply not true – April 12, 2012
Apple not likely to be a loser in legal fight over eBooks – April 12, 2012
16 U.S. states join DOJ’s eBook antitrust action against Apple, publishers – April 12, 2012
Australian gov’t considers suing Apple, five major publishers over eBook pricing – April 12, 2012
DOJ’s panties in a bunch over Apple and eBooks, but what about Amazon? – April 12, 2012
Antitrust experts: Apple likely to beat U.S. DOJ, win its eBook lawsuit – April 12, 2012
Why the market shrugged off the Apple antitrust suit – April 11, 2012
What’s wrong with the U.S. DOJ? – April 11, 2012
Macmillan CEO blasts U.S. DOJ; gov’t on verge of killing real competition for appearance of competition – April 11, 2012
U.S. DOJ hits Apple, major publishers with antitrust lawsuit, alleges collusion on eBook prices – April 11, 2012
U.S. DOJ may sue Apple over ebook price-fixing as early as today, sources say – April 11, 2012