4 ms·
Because most of competition law is written such that practices only become illegal when then they demonstrably create or increase a monopoly or dominant market
by widdershins 5y ago
Because most of competition law is written such that practices only become illegal when then they demonstrably create or increase a monopoly or dominant market position. [1] The courts don't like to interfere in these practices as long as there's competition in the market.
[1] https://en.wikipedia.org/wiki/United_States_antitrust_law#Tying_products https://en.wikipedia.org/wiki/United_States_antitrust_law#Ty...
- shmerl 5y agoThey totally create damage to the market in this case. The fact that courts turned competition law into some toothless tool only highlights the problem.
- foxfluff 5y agoI think the problem is that outdated competition laws stem from an era where a potato is a potato and it doesn't particularly matter whose potato it is that you buy. It completely fails to account for the relatively recent platform lock-in and network effects which dramatically amplify the leverage and impact of the platform owner not only on the end users (who could with great effort choose a different platform and migrate all their data and services) but also the third parties who need access to the platform in order to enter a market.
- shmerl 5y agoI think concepts behind the laws are fine. Courts just don't want to apply them, instead diluting the original idea.