Penguin has found Tunney Act grounds of its own to object to the ebook settlement pending with three other publishers: “Here it is: The Emperor has no clothes.” They reason that the core of the government’s case–and the focus of their proposed remedies–is that the agency model caused ebook prices to rise. “Yet the Government has offered no empirical proof to clothe this claim. Rather it has represented to this Court and the public, pursuant to their Tunney Act obligations to disclose ‘determinative documents,’ that there are none, not even pricing studies.” If there are, and if the government has a […]
