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United States v. Apple - Competition in America (Hardcover)
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United States v. Apple - Competition in America (Hardcover)
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One of the most-followed antitrust cases of recent times-United
States v. Apple-reveals an often-missed truth: what Americans most
fear is competition itself. In 2012 the Department of Justice
accused Apple and five book publishers of conspiring to fix ebook
prices. The evidence overwhelmingly showed an unadorned
price-fixing conspiracy that cost consumers hundreds of millions of
dollars. Yet before, during, and after the trial millions of
Americans sided with the defendants. Pundits on the left and right
condemned the government for its decision to sue, decrying Amazon's
market share, railing against a new high-tech economy, and rallying
to defend beloved authors and publishers. For many, Amazon was the
one that should have been put on trial. But why? One fact went
unrecognized and unreckoned with: in practice, Americans have long
been ambivalent about competition. Chris Sagers, a renowned
antitrust expert, meticulously pulls apart the misunderstandings
and exaggerations that industries as diverse as mom-and-pop grocers
and producers of cast-iron sewer pipes have cited to justify
colluding to forestall competition. In each of these cases,
antitrust law, a time-honored vehicle to promote competition, is
put on the defensive. Herein lies the real insight of United States
v. Apple. If we desire competition as a policy, we must make peace
with its sometimes rough consequences. As bruising as markets in
their ordinary operation often seem, letting market forces play out
has almost always benefited the consumer. United States v. Apple
shows why supporting cases that protect price competition, even
when doing so hurts some of us, is crucial if antitrust law is to
protect and maintain markets.
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