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by ethbro
2949 days ago
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If prosecuted under the Sherman Anti-Trust Act, existence of a monopoly is a precondition. Certainly there are non-Sherman charges that could be brought, but I'm not aware of anything that would be applicable in this instance? To your first point, assuming Sherman is used, I believe US v Alcoa [1] is still the controlling case law. And you'd have a very hard time convincing a court that "smartphones made by Apple" constitute a product category over which it could have a 75%+ market share. Or are there other laws under which action could be brought in this situation? |
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