Edit: to clarify, I believe this is the actual legal basis of anti monopoly legislation. Protection of the interests of the public, not competitor companies.
Exactly. The point of an antitrust trial is not to transfer power and resources to competitors. It's to transfer power and resources to the voting public.
As guilty as Microsoft might be, it's rich of Microsoft with its monopolies (without which a lot of its subpar products like outlook and Teams and Edge would go poof) to be abdicating Google here.
I have used DDG for years, before switching to Kagi a year ago. Really happy with Kagi. I am happy to pay to show that there is a market for paid services.
No it doesn't. There's truth to your statement in the sense that there's now a generation of confused judges that think this is true. But the plain language of US antitrust statutes is pretty clear on this point, simply engaging in certain kinds of anti-competitive behavior is illegal, you definitely do not need to prove that the illegal behavior had specific effects.
The plain language of the statute doesn't matter much once legal precedent is entrenched. This is especially true when the plain language is incredibly underspecified.
For those who don't know, the Sherman antitrust act has only two key paragraphs (and six procedural paragraphs).
> Sec. 1. Every contract, combination in the form of trust or other- wise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, at the discretion of the court.
> Sec. 2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a misdemeanor, and, on conviction thereof; shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
If we strip out the penalties, the words defining what's illegal are literally just "contract, ...trust..., or conspiracy, in restraint of trade or commerce" and "monopolize any part of the trade or commerce".
Given that ambiguity, it's inevitable that courts will essentially have to write the law themselves.
The law doesn't clearly state what's illegal. In this case, it barely mumbles and gestures at it. In applying the law, it is inevitable that it will have to be more precisely defined (or, worse, applied inconsistently).
The law isn't particularly confusing. There's just been a multi-decade lobbying effort funded by the most powerful and moneyed interests in the country to muddy the waters about this.
"The consumer welfare standard gradually replaced the rule of reason principle as the dominant legal theory behind antitrust enforcement by the 1980s."
Maybe the judges are confused, but there was a shift in enforcement around the Reagan era. I also think "consumer welfare" in this context is taken to mainly maen low pricing. That is, if a monopoly causes higher prices, then we should go after them. The DOJ going after Google and Amazon is a bit of a return to the former standard. (Source: news programs I listen to such as The Majority Report.)
The other view is that you shouldn't wait until the consumer is harmed, because by then the competition might be so weak it's hard to restore to proper levels.
As guilty as Microsoft might be, it's rich of Microsoft with its monopolies (without which a lot of its subpar products like outlook and Teams and Edge would go poof) to be abdicating Google here.