this post was submitted on 30 Apr 2024
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[–] mindbleach@sh.itjust.works -1 points 6 months ago (1 children)

It's the definition given by your own fucking source. The one you called "cherry-picking."

It's not "a single prong in a standard that has several," there's a list of meanings, and one of them applies.

That page even reminds you: not all monopolies are illegal. Maybe you should re-read it?

[–] DarthYoshiBoy@kbin.social 2 points 6 months ago (1 children)

Here, it's easy:

Then courts ask if that leading position was gained or maintained through improper conduct—that is, something other than merely having a better product, superior management or historic accident.

Does not in fact say:

Then courts ask if that monopoly was gained or maintained through improper conduct—that is, something other than merely having a better product, superior management or historic accident.

The standard has multiple prongs. You might have "monopoly power" without in fact being a monopoly because being a monopoly requires meeting a legal standard where being the in the leading position of a market is not the singular qualifier.

[–] mindbleach@sh.itjust.works 0 points 6 months ago (1 children)

You're quoting a sentence that defines anticompetitive practices, not a sentence that defines a monopoly.

Here is a sentence from the same page that defines a monopoly:

Courts do not require a literal monopoly before applying rules for single firm conduct; that term is used as shorthand for a firm with significant and durable market power — that is, the long term ability to raise price or exclude competitors.

[–] DarthYoshiBoy@kbin.social 1 points 6 months ago (1 children)

the long term ability to raise price or exclude competitors.

Which you seem to take for a granted, but won't provide even a theoretical for how that might have happened here?

[–] mindbleach@sh.itjust.works -1 points 6 months ago

Ability means "they can," not "they did."