[Am-info] Legal monopoly?

[Sujal Shah]

On Tue, 2002-04-30 at 13:48, John Poltorak wrote:
> 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.

You have to *DO* something for it to be illegal.  If the monopoly arises
as the natural result of legal trade (i.e. you haven't tried to build a
monopoly), it isn't illegal.

I've asked a lawyer friend of mine to check on it.  If I'm wrong, I'll
write back.  If any of the lawyers on the list would like to chime
in....

Sujal

> 
> 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
> 
> 
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-- 
---- Sujal Shah --- sujal@sujal.net ---

        http://www.sujal.net

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