From Patrick Seitz' article in Investor's Business Daily:
The Competitive Enterprise Institute said the Justice Department made a mistake in taking legal action against Apple and the publishers because pricing models in the young e-book business are fast evolving.
"This lawsuit is further evidence of how poorly smokestack-era antitrust policies fit our information-age economy," said Ryan Young, a CEI fellow in regulatory studies. "E-book manufacturers and publishers are trying and discarding different business models at a fast rate as they figure out what works and what doesn't. By the time the wheels of justice slowly creak to a verdict, Apple, Penguin, Simon & Schuster and the other defendants will have long since moved on to some other pricing policy."