I'm having a hard time understanding exactly what actions are under suspicion. The actual price of the books isn't being established by either the agency or the wholesale model. A little googling at the DOJ indicates that the Sherman act prohibits adoption of "a standard formula for computing prices". In the case of the agency model it would seem like a standard formula is being established for the distribution servi…
IANAL, but the problem is when Apple says that publishers must prevent Apple's rivals from selling the books for less. Without that, the agency model is fine, but when Apple and the publishers conspire to prevent undercutting, that's tantamount to conspiring to raise prices.
http://bits.blogs.nytimes.com/2010/02/26/when-it-comes-to-co...