On Feb 17, 2011, at 7:11 PM, Derek J. Balling wrote:
>
> On Feb 17, 2011, at 4:20 PM, Benjamin Krueger wrote:
>> http://legal-dictionary.thefreedictionary.com/Restraint+of+Trade:
>>
>> "Contracts or combinations that tend, or are designed, to eliminate or
>> stifle competition, create a Monopoly, artificially maintain prices, or
>> otherwise hamper or obstruct the course of trade as it would be carried on
>> if it were left to the control of natural economic forces."
>
> You'd have a hard time saying that the #2 competitor in the smartphone market
> has created a monopoly. I'd love to see exactly how you'd phrase that
> argument to a judge in a way that didn't draw hysterical laughter.
I suspect people are reading an emphasis on "monopoly". That's actually an
underlined URL to the free-legal dictionary definition of monopoly. My mistake,
that was a copy paste fail; no emphasis was intended. In this particular case,
Apple would more likely be running afoul of stifling competition, and
"obstructing the course of trade as it would be carried on...". I don't think
anyone here means to suggest that Apple has a monopoly.
--
Benjamin
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