Agency and Anti-Competitive Behavior: Looking back a century

The Watershed Chronicle

I was reading Barry Eisler’s takedown of the most recent Amazon hit piece (Surprise! From yet another author with a book under contract to Hachette who didn’t think it necessary to disclose that fact. Funny how often that happens. You’d almost think it was a pattern of intentionally misleading readers into believing they don’t have a direct financial stake in the matter. Yeah, almost). During a comment I left there, I went back and plucked a quote or two from an old SCOTUS decision ruling against agreements that allow a manufacturer to fix the retail price of their goods. As I glossed over the text of the case, I found many interesting points of reference.

Now understand, this is from a century ago. These issues have been adjudicated again and again over the years, so this case is in no way binding or even any sort of standard for how…

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