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by dalbasal 1764 days ago
"The Law" is pretty patchy, inconsistent and self contradictory. A lot of them are old. A lot of definitions are sketchy. There aren't many precedents, and the normative precedent of what doesn't get prosecuted is vast and confusing.

>> You don't need a monopoly for antitrust, but it sure makes for a stronger case.

The realities of being a primary OS, App Store, or browser vendor today are both more significant, and more well known than in the 90s. They have financial consequences many times greater.

I don't see how you can come to an intelligible concept of monopoly, market power and such with a general, legal-friendly theory of monopoly. The logic needs to be reversed.

NEW UNDERPANTS PLAN:

0. Forget about proving a monopoly exists to strengthen your case that X is acting as a trust.

1. Use evidence that X is acting as a trust, as to make the case that monopoly exists instead.

2. ???

3. Profit.

The problem is that we don't have a step 2. What happens when markets mature into an monopoly dynamic? We need an answer, because some have.