Apple Loses e-book appeal, but...
The decision was split three ways and the only ruling today was that Apple's conduct was a "per se" violation of the antitrust laws. Because the concurring opinion stood with the majority opinion only on the "per se" issue, there was no majority ruling that Apple's conduct did not pass muster under the "rule of reason." The Supreme Court has already cut back on the "per se" doctrine and may well entertain another opportunity to clarify that it does not apply in cases like thi
