3 ms·
First - you seem to be misunderstanding (or misrepresenting) the facts and results of the Microsoft case. > Firstly Microsoft monopoly got thrown out because
by perrylaj 6y ago
First - you seem to be misunderstanding (or misrepresenting) the facts and results of the Microsoft case.
> Firstly Microsoft monopoly got thrown out because of unethical behavior of the judge (which is why there isn't two Microsoft entities today. The whole thing hinged on "Microsoft installed its browser by default which gave it an unfair advantage." To allow the DOJ to save face, Microsoft agreed to make it easier to install other browsers.
Nothing was 'thrown out', rather the penalty was changed after the higher court issued a ruling that actually changed the liability implications for MS, which allowed MS to negotiate a lesser judgement. Findings of fact and the ruling were not overthrown, despite questions about judge Jackson's impartiality.
Beyond that, the US was not the only jurisdiction in which Microsoft was taken to court and found guilty of monopolistic practices. "DOJ" is meaningless in courts outside the US, so your statement doesn't even make logical sense as a component of your argument.
Second - you seem to be standing behind a single dictionary definition for what constitutes a monopoly. That's fine when discussing certain technicalities in abstraction, but completely ignores the fact that the dictionary definition is meaningless in terms of law. A monopoly can absolutely exist even in the presence of competitive options, and that is very clearly laid out in many ways in various laws and legal precedents. The Sherman Act* alone has very clear statements about this, and absolutely contradicts what you are saying. Monopolistic behavior is about controlling the market and/or using market/industry dominance to prevent or stifle competition. It is not about the sheer absence of competition.
* https://www.justice.gov/atr/competition-and-monopoly-single-firm-conduct-under-section-2-sherman-act-chapter-2 https://www.justice.gov/atr/competition-and-monopoly-single-...