19 ms·

Monopoly power does not require a literal monopoly. Straight from the FTC: https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/single-

Monopoly power does not require a literal monopoly. Straight from the FTC: https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/single-firm-conduct/monopolization-defined https://www.ftc.gov/advice-guidance/competition-guidance/gui... > Courts do not require a literal monopoly before applying rules for single firm conduct; that term is used as shorthand for a firm with significant and durable market power I'd say Amazon has "significant and durable market power"

robertlagrant 3y ago
What does that mean? Does Microsoft have that with Windows? Intel with x86? Apple with phones? What is the scale of those words?
- ThatPlayer 3y ago
  It means it's up to the courts to decide on a case by case basis.
  - robertlagrant 3y ago
    That sounds...arbitrary and subject to politicisation.
    - ThatPlayer 3y ago
      What method wouldn't be? Putting it to a committee would have similar problems. Writing it into a law would be too static. Especially because the first part of determining marketshare and market power is determining the market. New markets happen all the time, with old markets dying out. Twenty years ago, smartphones wouldn't have been a market. Fifteen years ago: streaming services. Like going back to your "Intel with x86", what is the market? x86_64 CPUs? Sure they have monopoly power. All CPUs? Now they don't have as much because they're competing with ARM too. Mobile phone CPUs? I don't think there's been a new Intel phone since the Asus Zenfone 2 (2015).
      - robertlagrant 3y ago
        The method of letting the markets decide would work, I think.
willcipriano 3y ago
I suspect this action might have been related to this announcement: https://www.ftc.gov/legal-library/browse/policy-statement-regarding-scope-unfair-methods-competition-under-section-5-federal-trade-commission https://www.ftc.gov/legal-library/browse/policy-statement-re... [pdf] article - https://www.ftc.gov/news-events/news/press-releases/2022/11/ftc-restores-rigorous-enforcement-law-banning-unfair-methods-competition https://www.ftc.gov/news-events/news/press-releases/2022/11/... They are more rigorously enforcing laws against unfair practices, monopoly or not. "Unfair methods of competition, the policy statement explains, are tactics that seek to gain an advantage while avoiding competing on the merits, and that tend to reduce competition in the market."

robertlagrant 3y ago

What does that mean? Does Microsoft have that with Windows? Intel with x86? Apple with phones? What is the scale of those words?

ThatPlayer 3y ago
It means it's up to the courts to decide on a case by case basis.
- robertlagrant 3y ago
  That sounds...arbitrary and subject to politicisation.
  - ThatPlayer 3y ago
    What method wouldn't be? Putting it to a committee would have similar problems. Writing it into a law would be too static. Especially because the first part of determining marketshare and market power is determining the market. New markets happen all the time, with old markets dying out. Twenty years ago, smartphones wouldn't have been a market. Fifteen years ago: streaming services. Like going back to your "Intel with x86", what is the market? x86_64 CPUs? Sure they have monopoly power. All CPUs? Now they don't have as much because they're competing with ARM too. Mobile phone CPUs? I don't think there's been a new Intel phone since the Asus Zenfone 2 (2015).
    - robertlagrant 3y ago
      The method of letting the markets decide would work, I think.

willcipriano 3y ago

I suspect this action might have been related to this announcement: https://www.ftc.gov/legal-library/browse/policy-statement-regarding-scope-unfair-methods-competition-under-section-5-federal-trade-commission https://www.ftc.gov/legal-library/browse/policy-statement-re... [pdf] article - https://www.ftc.gov/news-events/news/press-releases/2022/11/ftc-restores-rigorous-enforcement-law-banning-unfair-methods-competition https://www.ftc.gov/news-events/news/press-releases/2022/11/... They are more rigorously enforcing laws against unfair practices, monopoly or not. "Unfair methods of competition, the policy statement explains, are tactics that seek to gain an advantage while avoiding competing on the merits, and that tend to reduce competition in the market."