Questions tagged [antitrust-law]

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108 views

Is it legal to voluntarily cause a competitor's product to work badly in order to sell yours as a better product?

About 15 years ago (some time between 2008 and 2010), back when I was still using Internet Explorer on Windows XP, I was browsing a very lightweight website which was working super smoothly, and ...
9 votes
3 answers
4k views

Why do corporate mergers require the approval of foreign governments?

Design fail: Adobe and Figma call off their merger as antitrust scrutiny intensifies But surprisingly not from American regulators, but from EU regulators. I also sometimes hear similar stories about ...
3 votes
3 answers
4k views

Is Facebook a monopoly?

I feel that Facebook is too powerful for various reasons. I would like to know if there are any laws which could be applied to claim they have an illegal level of power or infringement on human and ...
2 votes
2 answers
152 views

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 ...
1 vote
1 answer
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In US v. Google (2020), how were the trial exhibits obtained?

Here're the exhibits: https://www.justice.gov/atr/us-and-plaintiff-states-v-google-llc-2020-trial-exhibits We see multiple emails and powerpoint slides - but how did DoJ obtain them in the first place?...
1 vote
1 answer
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Are (or would) Reddit's 2023 API changes considered anticompetitive?

Earlier this year, the website Reddit has announced API changes, that include making the API paid on a way that forced 3rd party clients for Reddit to shut down. More details can be seen on these news ...
1 vote
1 answer
129 views

Is Microsoft breaking the same law again as they did with IE?

It seems like Windows will soon be shipped with Microsoft's own AI assistant Windows Copilot. This seems awfully similar to the famous case they lost in EU because they used to ship Windows with ...
3 votes
1 answer
58 views

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 ...
0 votes
1 answer
74 views

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 ...
7 votes
1 answer
151 views

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 ...
0 votes
3 answers
301 views

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,...
1 vote
1 answer
69 views

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 ...
3 votes
2 answers
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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 ...
-6 votes
1 answer
177 views

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, ...
0 votes
1 answer
183 views

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 ...
2 votes
2 answers
108 views

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 ...
5 votes
2 answers
817 views

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 ...
1 vote
1 answer
191 views

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 ...
1 vote
1 answer
102 views

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 ...
0 votes
0 answers
23 views

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 § ...
14 votes
5 answers
6k views

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 ...
14 votes
4 answers
4k views

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 ...
2 votes
1 answer
1k views

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 ...
2 votes
1 answer
176 views

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 ...
1 vote
1 answer
133 views

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 ...
4 votes
1 answer
84 views

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 ...
0 votes
1 answer
25 views

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 ...
6 votes
4 answers
4k views

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 ...
2 votes
1 answer
71 views

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 §§...
0 votes
2 answers
49 views

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 ...
0 votes
1 answer
150 views

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 ...
1 vote
1 answer
69 views

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 ...
1 vote
0 answers
81 views

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 ...
2 votes
1 answer
649 views

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) ...
1 vote
1 answer
428 views

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 ...
2 votes
1 answer
145 views

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 ...
2 votes
1 answer
92 views

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 ...
3 votes
1 answer
128 views

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 ...
2 votes
0 answers
39 views

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 ...
0 votes
1 answer
75 views

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 ...
2 votes
1 answer
681 views

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 ...
2 votes
2 answers
235 views

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 ...
4 votes
2 answers
660 views

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 ...
3 votes
2 answers
1k views

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 ...
1 vote
1 answer
252 views

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 ...
1 vote
2 answers
108 views

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 ...
0 votes
1 answer
91 views

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-...
-1 votes
2 answers
214 views

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 '...
2 votes
0 answers
36 views

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 ...
5 votes
2 answers
322 views

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 ...