Well, this has been very interesting reading. Without getting into how tragic the FLGS tragedy of the commons is, Ryan Dancey makes a few statements about economics that don't strike me as quite right.
First off, he says that gaming demand is inelastic, meaning that people won't buy a similar (but not identical) product at a lower price. So if people want M:tG, they won't buy a cheaper knock-off. But he seems to ignore the fact that people will buy less of M:tG at a higher price (until WotC comes out with newer, cooler cards). Of course, this isn't really the issue with this court decision; WotC can set the price where it wants based on their understanding of the supply/demand curve and either (a) tell retailers exactly the price or (b) suggest a retail price. The point is, WotC can adjust the price either way so consumers get it at the correct point on the supply/demand curve. In this, it seems like R.D. might be right that fixing a price across the board might help the LGS (or at least not hurt it). But how important that is has been the debate here.
The other thing that he implies is that removing antitrust barriers from the market is capitalism (true enough, in a strict
laissez faire sense) and therefore great for consumers. W/o straying into politics, let's just say that pure capitalism tends to end up in the form of monopolies (Ma Bell, MS, etc), which isn't always great for consumers. There is a reason antitrust laws were instituted, after all.
In the end, though, I'm glad this decision seems unable to affect the Canadian market. Since I moved here a year ago, I've been appalled at the ridiculous "exchange rate" for USD/CAD with respect to book retail pricing. The only way to get fair value for my dollar is through deep discounting.