First, then Apple can be sued for the App Store too. Second, does Amazon negotiate with the publishers one at a time? Why is this needed? For most goods the manufacturers sell to the retailers at a discount to MSRP. The retailers then set a price to sell. Apple's model is fundamentally the same as this. Only that Apple decided to mark up at 30%. So Apple is not legal. The DOJ and the judge is all screwed up in their brain.