|
|
|
|
|
by davedx
11 days ago
|
|
Could this be legally construed as anti-competitive behavior? Edit: I asked Claude. It replied: > Consumer protection / deceptive practices. In the EU this would be a clear UCPD (Unfair Commercial Practices Directive) issue and potentially a DSA violation. In the US, FTC Act §5 prohibits "unfair or deceptive acts." Selling a product that secretly performs worse than advertised for a commercially self-serving reason, without disclosure, is textbook deception. The Samsung/Apple battery throttling cases are instructive here: Apple faced regulatory action across multiple jurisdictions specifically because users weren't told. > Competition law. This is where "anti-competitive" gets complicated. Refusing to help competitors build competing products via your ToS is generally legal — you can decide who you license to. But covertly sabotaging output quality for a class of users while charging them full price crosses into different territory. Under EU competition law (Article 102 TFEU), if a company with dominant market position uses covert technical means to disadvantage competitors, that's closer to abusive conduct than a legitimate ToS restriction. |
|