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> Apple can still legally exercise their right to terminate the contract. No, not if ending the contract helps them maintain their significant market power, an
by stale2002 6y ago
> Apple can still legally exercise their right to terminate the contract.
No, not if ending the contract helps them maintain their significant market power, and helps Apple continue their illegal anti-competitive behavior, or helps keep out competitors.
The courts have ruled in the past, that if enforcement of certain contract provisions helps a company maintain their significant market power, then this all falls under anti-competitive behavior, and can all be illegal.
This is generally referred to as the concept of "monopoly maintenance".
Contract enforcement, that would be otherwise legal in other situations, can be illegal, if it is helps maintain a companies market position.
> That's because they did.
Nope. Companies have no obligation to follow illegally anti-competitive contracts. If the contract is illegally anti-competitive, then they can break it.
And the company that is trying to maintain their illegally anti-competitive market position can be forced to take certain actions, and continue to deal with the company that was within their rights to not follow the anti-competitive contract.
- nodamage 6y agoBefore I engage any further can you clarify whether 1) you are American and 2) you have any actual experience with US law? Also, since you claim "courts have ruled in the past" can you clarify which specific legal cases you are referring to?
- stale2002 6y agoHey, if you want references to how market power is defined, them I recommend that you read this link. https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct/monopolization-defined https://www.ftc.gov/tips-advice/competition-guidance/guide-a... This is the definition that I am referring to when talking about what the FTC is referring too regarding market and monopoly power. And according to the FTC, all that is required to fall under section 2 of the Sherman anti trust act is significant and durable market power.
- nodamage 6y agoYou didn't answer any of my questions.