“The U.S. Justice Department’s legal pursuit of Apple for alleged e-book price fixing stretches the boundaries of antitrust law and is likely to end in defeat,” Declan McCullagh and Greg Sandoval report for CNET.

“That’s what happened in 1982, when an embarrassed Justice Department admitted its antitrust lawsuit against IBM was ‘without merit’ and abandoned the case,” McCullagh and Sandoval report. “And in 2001, a federal appeals court nixed the Justice Department’s ambitious attempt to rewrite antitrust law by carving Microsoft into two separate companies.”

McCullagh and Sandoval report, “‘It’s a harder case against Apple than the publishers,’ says Geoffrey Manne, who teaches antitrust law at the Lewis and Clark Law School in Oregon and runs the International Center for Law and Economics… The Department of Justice ‘has a far better case against the publishers than Apple,’ says Dominick Armentano, professor emeritus of economics at the University of Hartford and author of Antitrust and Monopoly who’s now affiliated with the Independent Institute in Oakland, Calif. ‘If the CEOs of the various publishers got together in hotel rooms to discuss prices, they are sunk’ and might as well settle, he says.”

Read more in the full article here.

MacDailyNews Take: While we’re totally in favor of the mentally challenged having gainful employment, we believe that, going forward, the position of U.S. Attorney General should be exempted.

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