> The "can't" is the stifling part. Why does the marketplace care what the prices are?

Not that I have any insider information but from what I read above I assume (perhaps incorrectly, please correct me if I am incorrect) that these agreements only apply to "ships from and sold by" and "ships from" Amazon.com.

So don't put it on Amazon. It's their ballpit; they're not stopping you from selling elsewhere, and they're not the only game in town when it comes to online sales. I can't buy a Honda from a Toyota dealer, but that doesn't mean Toyota is stifling the market.