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To: Kenneth E. Phillipps who wrote (30459)12/19/1999 4:56:00 AM
From: nihil  Read Replies (1) | Respond to of 77400
 
Check US vs Alcoa, 1945 for the definitive discussion by Learned Hand, C.J.). "Monopolize" as you ought to know means "1. To acquire or maintain a monopoly 2. To dominate by excluding others." AHD. It is a cardinal blunder to assume that acquiring a monopoly by innocent means (e.g. "innovation") results in a monopoly immune from prosecution. This is the blunder that Gates claims fruitlessly as a defense. Hand points out that however a monopoly is attained, the mere act of setting a price constitutes abuse or maintenance of a monopoly. Acquiring additional market share is also an abuse and will never be permitted by any court.