And the counter-counter argument is that if it were really the prices set by the market that we were returning to, collusion would not have been required.
Well we don't know whether there was what actually amounts to collusion, but assuming there was it might have been required to break Amazon's leverage over the bookseller which was artificially depressing prices.
That wouldn't make it less illegal, but it would be a reasons why it was necessary to restore the market as a pricing mechanism.