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Technology Stocks : How high will Microsoft fly?
MSFT 511.36+0.5%Nov 12 3:59 PM EST

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To: DavidD who wrote (12640)12/2/1998 10:02:00 PM
From: nihil  Read Replies (1) of 74651
 
RE: Antitrust law applies to monopolies and conspiracies in restraint of trade

Gates is the monopoly (Sherman Act Sec. 2) and IBM is the combination or conspiracy in restraint of trade (Sherman Sec. 1). The two sections are equally potent, but Sec. 1 applies to very small market shares while Sec. 2 only applies to overwhelming market share by one firm. This Supreme Court is generous on monopoly and tough on explicit price fixing. Gates could get away clean, while AOL-Netscape-Sun could easily be held to be an attempt to monopolize the net (Java and Netscape).
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