• DarthYoshiBoy@kbin.social
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    6 months ago

    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
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      6 months ago

      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
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        6 months ago

        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?