[Am-info] Legal monopoly?

[John Poltorak]

On Tue, Apr 30, 2002 at 01:16:12PM -0400, Sujal Shah wrote:
> On Tue, 2002-04-30 at 06:10, John Poltorak wrote:
> [SNIP]
> > This is truly scary, as it gives Microsoft the right to leverage all their 
> > existing monopolies to establish themselves in new markets and 
> > systematically take them over as well.
> > 
> 
> Repeat after me: Monopolies are not illegal.

Repeat after me: I will read Section 2 of the Sherman Act before putting 
foot in mouth.

Just for your benefit, I will quote it:-

http://www.antitrustupdate.com/Statutes/ShermanAct/ST-Sherman1-4.html#2

15 U.S.C. 2: Monopolizing trade a felony; penalty

Every person who shall monopolize, or attempt to monopolize, 
or combine or conspire with any other person or persons,
to monopolize any part of the trade or commerce among the 
several States, or with foreign nations, shall be deemed guilty 
of a felony, and, on conviction thereof, shall be punished by
fine not exceeding $10,000,000 if a corporation, or, if any other 
person, $350,000, or by imprisonment not exceeding three years,
or by both said punishments, in the discretion of the court.
 
> It is, however, illegal to leverage a monopoly "to establish themselves
> in new markets" as you put it.  Just because the monopoly exists doesn't
> make it illegal or legal.  

What spin would you put on this section of the Sherman Act?

> In fact, I'm not even sure you can call a
> monopoly illegal or legal... I mean, it is or it isn't.
> 
> The legality is in how you got it and how you use it.
> 
> Sujal


-- 
John