Macmillan, Penguin and Apple each have contested the allegations of the U.S. Department of Justice (DoJ), which is investigating an alleged collusion between Apple and publishers to fix prices of electronic books. Unlike four of their peers, both publishers have so far refused to sign an amicable agreement with the DoJ.
Penguin, in its response [PDF] explains that the principle of agency model (where the sale price to readers is set by the publisher, not the distributor) was proposed by Apple, and it was to take or leave it.