Questions tagged [antitrust-law]
The antitrust-law tag has no usage guidance.
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Are Technological Standards bodies required to be approved by the government?
In the interest of cross vendor compatibility, the method by which different technologies interoperate is often standardized. This means that a non binding agreement is made between multiple parties ...
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Bar to win a preliminary injunction to block an M&A deal
This is a thread of tweet about the bar FTC has to meet to block an M&A deal.
https://threadreaderapp.com/thread/1669428214513672193.html
My question is does this bar only apply to FTC? Is it the ...
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How is 'National Amusements' allowed to own Paramount Global? As well as CBS, etc.? In light of U.S. v. Paramount?
I know that 1948 was a long time ago, and that antitrust decisions/regulations/etc. seem to weaken over time, but....
The Paramount Global CBS Viacom Whatever conglomerate, majority-owned by National ...
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Digidyne v. Data General: how does this not legally protect Apple macOS running on non-Apple branded hardware?
I was just reading https://en.wikipedia.org/wiki/Data_General_RDOS#Antitrust_lawsuit which discusses Digidyne v. Data General:
When Data General introduced the Data General Nova, a company called ...
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If Microsoft and Activision Blizzard are both based in the USA, how does the UK have standing to block the merger?
Per this story from the BBC or Bloomberg
The UK Competition and Markets Authority has apparently decided to block the merger of Microsoft and Activision Blizzard. The story notes: "To go through,...
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Why would this law apply?
An Extract from Article 102 of the Treaty on the Functioning of the European Union (TFEU) prohibits:
(a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading ...
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Can the US break-up a foreign company (specifically Bayer) after it has merged with an American one due to an increase in market power?
In 2018 Bayer and Monsanto had a huge merger. In the future it is possible that it will be in the US's interest to reverse their decision due to the sudden shift in market pressure. That said Bayer is ...
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How are government actions held accountable to constitutional promises? [closed]
For instance, in the U.S., prosecution while promising the blessings of liberty constitutionally should determine rights through a precedence of innocence rather than protected classes, plea deals, ...
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Is it illegal to operate a business at a loss to gain market share?
In the U.S., is it illegal ("anti-trust") to deliberately operate a business at a loss by providing services priced to steal customers from competition?
Assume there is a projection of ...
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Can Microsoft be sued for antitrust practices if it made all the games made by the companies they acquired exclusive?
Can Microsoft be sued for antitrust practices if it made all the games made by the companies they acquired exclusive? Microsoft acquired so many game publishers that it makes Sony look like it might ...
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Does the SEC/FINRA have the legal authority to block a SPAC merger if it doesn't violate antitrust laws?
On October 20th, 2021, Digital World Acquisition (DWAC) announced a definitive merger agreement with Trump Media and Technology Group. However, in early December, it was revealed that the SEC and ...
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Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing widespread public safety issues?
Bob is your average consumer having bought a vehicle that turns out to have been an undisclosed “lemon law buyback” without any branding.
Big Co., from the get go, had no intention to be bound by the ...
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Bus. & Prof. Code § 17100 provides penal provisions; can Bob files suit if non-lawyer?
It is typically a prerequisite of attorneys that only those with sufficient experience take on any cases relating to violations of Unfair Trade Practices and False Advertising (Bus. & Prof. Code § ...
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Is Price Discrimination in the Software Industry legal in the US? (Sneakers resale software case)
There is a software manufacturer that advertises their product for $599 on their website. Conveniently, the software is always out of stock, while the manufacturer “backdoors” some licenses to a ...
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Can earthquake insurance companies legally ask about "Other Insurance"?
California Earthquake Authority. §8 on Other Insurance says
a. If there is other insurance that covers earthquake loss to the
dwelling or other property covered under this policy,we will pay our
...
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Is it legal in the US to force you to buy insurance (as a bundle) for something you already have insurance for?
For example, a company that rents out car parking spaces requires that I will also buy insurance for the property inside my car, while I already have insurance for the property inside my car.
For ...
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Is it legal in the US to bundle renting a car parking space and buying insurance for the content of the car?
Is it legal in the US for a company that rents out car parking spaces, to bundle the renting of a parking space to buying insurance for the content of the parked car?
I.e. the company refuses to let a ...
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Does antitrust law allow for a monopoly that strictly benefits consumers?
Antitrust law has long existed under the premise that more competition is better for the consumer. But what if a monopoly were to eliminate competition, and then use the increase in efficiency of an ...
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Uniform License Agreement
In section 3B of the United States v Microsoft Corp Final Decision the court orders that "Microsoft's provision of Windows Operating System Products to Covered OEMs shall be pursuant to uniform ...
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How is the cost of a software service determined?
I just went through a Compliance eLearning which had a section covering anti-trust laws.
My understanding of predatory pricing from that is inline with this description I found on wikipedia
During ...
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FCC: 1975 Rules Relating to Multiple Ownership ( 47 C.F.R. § 73.34, 73.240 and 73.636 ) source? does it exist?
Where can I find the original/historical 47 C.F.R. § 73.34, 73.240 and 73.636? To clarify, I'm looking at wikipedia: Cross ownership rules of 1975, but cannot find the primary source: Amendment of §§...
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Can international competitors discuss pricing strategies?
Coming up soon is the annual World Low Cost Airlines Congress,
drawing in low cost carriers from around the world year on year. Sessions will discuss business models, pricing strategies, revenue ...
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Can Huawei sue Google for refusing to offer its services like Google Map?
Can Huawei sue Google for refusing to offer its services like Google Map? Although Huawei was put on the entity list, Google not providing services to Huawei is very anti-competitive. Is there a legal ...
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Can a city enforce antitrust laws in the US?
I know this would probably depend on the state and city, but do cities have any recourse for monopolistic behavior? For example, say a parking provider buys up all of the parking in the city and ...
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What does ‘common carrier obligations and duties mean’?
Lina Khan whilst still a law student at Yale Law School published an article in Yale Law Journal on applying competition law to Amazon titled Amazons Anti-Trust Paradox. The New York Times described ...
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being forced to use Express Scripts (mail order delivery) on perscriptions
Insurance policy set up by the workplace requires us to fill prescriptions through a specific mail order vendor and denies coverage of prescriptions through other retail vendors (Walgreens, CVS, etc)
...
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362
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Why the deal between IBM and RedHat needs approval from China?
today I read cnbc magazine and they asked why shares are not 190$ when IBM is paying premium price of 190 but now are 170, one of the reason was that China has not still approve the deal. I am not ...
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Can contractors in the USA publicly encourage each other to charge more?
I've been in a few niche online forums and chat rooms that specifically forbid their members from discussing anything about the rates they offer as contractors. Some claim it's price fixing and ...
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Is Apple abusing its position with iOS by requiring MacOS to build apps?
In Europe, we have a concept of abuse of a dominant position.
http://ec.europa.eu/competition/consumers/abuse_en.html
When you develop an App for the very popular iOS devices, you're required to use ...
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Is Mark Zuckerberg subject to questioning by every U.S. senator, or only select ones?
I have been watching the live questioning for the last 2-3 hours and wonder about the Senate's hearing process: Do all of the senators get to question Mark, or just a limited number of them? And if ...
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Is there a way for participants of an industry to discuss how to keep a market healthy without it being considered collusion?
For a particular niche in demand but broad in utility industry, I am both a consumer and producer that participates internationally. Within segments of the participants, there are public informal ...
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Antitrust: when is it bundling, and when is it just a single product?
One issue often considered by anti-trust law is bundling: restraints of the form "you can buy A from me if and only if you also buy B from me". A particular historical concern has been that a dominant ...
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Why is Apple not at fault for accepting Qualcomm "bribes"/kickbacks
With regards to the following:
EU hits Qualcomm with €997m fine for abusing its dominance
I have several questions about this piece of news:
How is this different from a simple business deal, where ...
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Is it legal for NVIDIA to deny the use of the NVIDIA Capture API on non professional devices?
NVIDIA deny the use of their NVIDIA Capture API on what they deem professional cards, such as the Quadro, Tesla and GRID models. This API allows extremely high performance video output capture from a ...
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Am I experiencing an anti-trust violation?
Google, Apple et al were fined $430 million dollars recently for, among other things, agreeing not to poach each other's employees. One illegal thing that happened: an internal recruiter was fired for ...
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Is it legal for a company to require signed permission from one's current employer before applying?
If a person is employed at Company A, is it legal for Company B to require a signed document of permission from Company A before applying? This would obviously put the applicant in the uncomfortable ...
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Can the U.S government break up an international monopoly?
In the event a national monopoly forms such as a major railway or oil company, the U.S government (or any other government) can choose to take action such as breaking up that company into smaller ...
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How do professional sports leagues in the U.S. avoid anti-trust action?
The National Football League (NFL), Major League Baseball (MLB), National Basketball Association (NBA) and the National Hockey League (NHL) are, essentially, professional sports monopolies. How have ...
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If a Bank Employer directs me to have my salary paid only into one of their accounts, is that Third Line Forcing?
I joined a new job at a Bank, and when filling out the forms, one of the policy documents stated that I had to open an account with them and have my pay paid into that.
I told this to a friend when ...
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Regulation of data (ISP's)
I've noticed that several technologies are springing up that are alternatives to last-mile industry standards, like:
Mimosa https://mimosa.co/
Starry http://fortune.com/2016/01/27/starry-wireless-...
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Antitrust laws violation for Twitter card
I'm a Website developer and this question is about Twitter Player Card.
For most websites, Twitter cards are not shown expanded on the feed. Indeed a link on the bottom right of my tweet that reads '...
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2
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US Anti-trust law, price fixing and app stores
This question clarifies that apple doesn't have a large enough share of the smartphone market to be considered a monopoly. The argument being that because they are not a monopoly they can bundle their ...
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Italian rules on the co-occurrence of directors in competing companies
I would like to know whether in Italy there are laws preventing the co-occurrence of directors (executive and/or non-executive) in competing companies.
I'm writing a paper on board interlocks (firms ...
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Can Apple be found in violation of antitrust laws for Apple Music?
Spotify, Rdio, Pandora and certainly others that I haven't heard of are all competing for a spot on iOS while Apple's Music software is both bundled and cannot be uninstalled. Are there parallels here ...
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Why is it wrong for google to show its own other products in its search results?
Google is facing antitrust probe in India. I don't know about other countries but what Indian law is broken in google search? Google search is a private free product. Why is it bad to prefer its own ...
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Software Packaging laws
When Microsoft packaged Internet Explorer with Windows, they were sued for antitrust violations. However, today every operating system has its own built-in browser, including ones by the companies ...