Lex McFarley:

Here is where the Court’s logic is strained and incorrect. The Court concedes that there is nothing wrong with using the agency model, the MFN clause or pricing tier caps. So essentially the Court is finding Apple liable for antitrust violations for knowing that the publishers wanted to raise prices. The Court is essentially holding that faced with that knowledge, Apple supplied those terms (agency, MFN, price tiers) to the publishers so they could then go to Amazon and impose the agency model and raise retail prices.