So what did Apple and the other publishers do that put them on Uncle Sam’s Radar? Allegedly, they agreed among themselves to sell their e-books at the same price. This is also known as “Price Fixing” and it’s a big no-no. When companies who sell the same product agree among themselves to set the same price for that product, they could (not necessarily will) set that price as high as they wish, because there will be no place cheaper to get it. The type of price fixing alleged here – ‘horizontal’ price fixing – is considered violative of the Sherman Act regardless of the effect on the market. This means that even if the agreement didn’t actually harm the market whatsoever, it would still be considered anti-competitive.