[lug] Monopoly huh...

Jeffrey B. Siegal jbs at quiotix.com
Sat Nov 6 12:58:54 MST 1999


"Michael J. Hammel" wrote:
> No, it doesn't.  Apple works within the arena of the desktop computer.
> That is where Microsoft has its monopoly.  The judge may have used "on
> Intel" (I haven't read the ruling yet), but I'm failry certain the summary
> was that Microsoft's monopoly is in a specific market and not just on a specific
> platform.

The judge ruled that the relevant market is "Intel compatible operating
systems."  You can disagree, but after hearing and carefully reviewing weeks
and weeks of testimony and submitted evidence, the judge found that to be a
meaninful market definition.  Keep in mind that *no* market is entirely
independent of other markets.  For example, the market for cars could also be
broadened to include "transportation" since people might take a bus or train
rather than a car.  Like most things in law (as in life), a pure black and
white definition is neither meaningful nor useful.

However, the judge did consider the possibility that one could reasonably
broaden the market in question to desktop computers (i.e inclusive of
Macintosh), in which case Microsoft's market share would still be well over
80%, and its ability to control pricing would still be very strong.  There was
evidence presented (and the judge so found) that Macintosh (as well as
alternative Intel operating systems such as Linux) did not pose a credible
threat to Microsoft's market dominance due to application lock-in.




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