NO - they didn't. Apple simply worked with publishers to set the price of books offered through iBooks. The stipulation being - the publisher could not offer the same product elsewhere for a lower price (Apple's model is that they get a % of the sale price).
On the other hand - Amazon had begun setting fixed prices, with no input from the publishers.
Lets get back to the root - who owns the books? The publisher. Who should set the price? The publisher. Apple's business model allowed the publisher to do just that. Amazon - not so much.
Horse Hockey. If the Publisher is selling to the end customer THEN he gets to set the price. However it is the Retailer that decides what price he wants to sell it for. If the Publisher doesn't like the price the Retailer sells it at he has the right not to deal with the retailer.
they will have to prove it.
The LEGAL issue is the fact all the publishers got together and together agreed to set a minimum price for ANY book. There was no competition in determining that price.
The publishers were essentially and have been essentially trying to find a system where they can chage the same for hard and ebook versions.
there have already been settlements where the publishers have signed consent decress settlements admitting as much.
Now the issues is proving that apple was in on the price fixing scheme. (IOW apple agrees that the itune store will go with the fixed price and if amazon does not agree, then they will all yank their titles as part of a coordinated arm twisting)