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abuse of monopoly power is a big area, there's no one answer, but you're asking good questions. It's not really going to help future companies though, because any company in a position to think about this problem has the type and quality of attorneys who already best know the answers. In any case, though, that's not what's going on with this Korean law. Antitrust violations of existing law are generally determined by courts and or regulatory agencies, whereas this is a new law from a legislature signalling that they want to encourage a competitive marketplace in this manner. Of course, with lobbying and nationalism, it's quite possible that this law was guided by powerful Korean interests or nationalist parties who simply want to hobble foreign entities in favor of local companies: still not an example of antitrust, except possibly in the other direction. in any case, in the US it's not monopoly that's against the law, it's that market power being used to abuse market participants or influence prices. And there is no clearcut answer, but there are "guidelines", for example if you control 70% of a market and your major competitor controls 25%, you have a good basis to say that you are not a monopoly. Notice that Microsoft invested to prop up Apple when Apple was on the ropes in the late 90's. That type of action shows how tricky and pernicious these regulations can be, Microsoft gets the excuse "we have a major competitor" and also benefits from the success of the competitor. But that's the market share part of the equation. The additional aspects are "can it be shown that the price of the good is being manipulated upward?" So, Microsoft offering big discounts to PC manufacturers to get them to exclusively offer MS OSes on their platform: are those discounts abuse of the market? I'm not a particular expert on this, there are many places to quibble with what I've said, I'm just trying to offer the flavor of what I thought when I read your questions. Oh, at what point did Apple cross the line? Has Apple even crossed the line now? Is not really the question. By the time enforcement actions are taken, companies are generally well over the line. The real question is "how much can we abuse our market power and get away with it before the clamor to regulate us gets too strong for politicians to ignore? And what is the temperament of the administration in office?" |