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Old 12-17-2014, 05:13 AM   #38
pwalker8
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Quote:
Originally Posted by eschwartz View Post
Okay, to belabor the point even more...


NO!

The market situation is a very, very important part of... a different case altogether. The case where Amazon is brought to court for antitrust violations in regards to unfairly dominating the ebook market.

That is where you may discuss whether or not something may or should be done about Amazon.

Regarding Apple -- they cannot absolve themselves of an illegal act by saying someone else did an illegal act first.
That is taking the law into their own hands, something the law frowns upon -- and rightly so.
To belabor the point even more ...
YES!

Market condition is at the heart of any anti-trust case. It's one of the reasons that I have said that this case turns anti-trust on it's ear. Anti-trust is at it's heart about improving competition, not protecting a monopoly. Fairly obviously, the fact that the appeals judges seem to be focused on this in their comments point to this. The government's case was built on ignoring that they were protecting Amazon's monopoly by going after a new entry into the market. Judge Cote bought into that idea, but that doesn't make it correct.
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