Antitrust experts say the DOJ has more of a case against the actual publishers than against Apple. Experts have pointed out that Apple only holds a mere 10% of the eBook market, whereas Amazon retains the majority of the control with its 90% share of the market. They also note that reports suggest that Apple did not attend the meetings where the publishers decided to fix the pricing on eBooks.
While three of the publishers have opted to settle with the DOJ, Apple is looking to stand its ground.
Apple spokesman Tom Neumayer released the following statement in response to the allegations: