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The Department of Justice has sued Apple and publishers for allegedly colluding to set eBook prices. Apple, Macmillan and Penguin will fight the suit in court; HarperCollins (statement here), Simon & Schuster and Hachette (statement here) have settled with the government.

In court documents, DOJ attorneys alleged that Apple and five major publishers engaged in a “substantial” conspiracy as they set up the agency model for eBook pricing–including deleting emails “to avoid leaving a paper trail.”

Macmillan CEO John Sargent has decided to fight the suit. Read his letter here: “Other publishers have chosen to settle. That is their decision to make. We have decided to fight this in court.”

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