As usual, this is simply a bunch of crap. Who determines the market value of a product? If it is the buyer, who wishes to spend as little money as possible, then the price will be near zero. If it is the seller, seeking to always maximize profit, then technically the sky is the limit. It is, however, neither. The market value of a product in a free market is the price point that the market will bear. As in, the best price negotiated between a buyer and a seller for any given service.
This is why eBay has been such a great tool for determining the average price of any given products, from iPods to Real-estate. I pray the courts realize the power of auctions in a free society, and make the right decision.