Antitrust Law Violations
Introduction
This paper will discuss the Google case that was presented by Microsoft stating that Google was in violation of antitrust laws. Also, in this paper some of the pecuniary and non-pecuniary costs will be discussed. Given in this paper will also be my thoughts on monopolies and oligopolies.
Antitrust Case
Google was investigated for antitrust behavior because they were claimed to be an “internet bully that abuses its dominance of online search and advertising” (STEINHAUSER & LIEDTKE, 2011, p. 1). Google was doing things like buying smaller companies in search results but then labeling/highlighting their own services instead. Being that Google was knocking out the competition by only showing their results
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When dealing with market structures and considering Google as a monopoly, the characteristics of the monopoly market structure fit. In a sense, Google is being seen as the only producer for internet search, and is trying to make it seem through their practices that they are the only reliable business in the industry. Because of the overwhelming market power Google is gaining through the use of other smaller companies, other businesses such as Microsoft, are beginning to feel that the competition being created is unfair and favored. Especially with Google blocking out their results as the search engine is used.
Antitrust as Investopedia pointed out, “prohibits a variety of practices that restrain trade,” ("Antitrust Definition | Investopedia", n.d.). According to the complaints of Microsoft, Google was in violation of the Sherman Act of 1980. The Sherman Act states that, “public is best served by free competition in trade and industry,” ("Sherman Anti-Trust Act legal definition of Sherman Anti-Trust Act", n.d.). Also, the Sherman Act points out that, “it prohibits monopolies attempts to monopolize, or conspiracies to monopolize.” ("Sherman Anti-Trust Act legal definition of Sherman Anti-Trust Act", n.d). By blocking out their rivals, and not giving them an equal opportunity to display the information related to the searches of the consumers, Microsoft felt this was a violation of the Sherman Act. On another note, after reading the research
Monopolies and oligopolies often use anti-competitive practices, which can have a negative impact on the economy. This is why company mergers are often examined closely by government regulators to avoid reducing competition in an industry.
United States vs. Microsoft is one the largest, most controversial antitrust lawsuits in American history. Many claim the government is wrongly punishing Microsoft for being innovative and successful, arguing that Windows dominates the market because of the product’s popularity, not because of malpractice by the parent company. Others argue in favor of the government, claiming that Microsoft’s practices conflict with the free market ideal. There are many arguments for both sides of the lawsuit, but what the case really comes down to is this: does the government have the right to interfere in today’s marketplace? Or is Microsoft violating laws that are rightfully imposed by the government?
The Justice Department and the states contend that Microsoft is violating the Sherman Antitrust Act, which was passed by Congress in 1890. The act has two sections. Section I prohibits certain types of agreements that restrict the flow of trade. Section II prohibits the misuse of monopoly power, namely anti-competitive actions that seek to maintain that monopoly power and actions that attempt to use that monopoly power to dominate another market (2).
Antitrust law in the United States is a collection of federal and state government laws regulating the conduct and organization of business corporations with the intent to promote fair competition in an open-market economy for the benefit of the public. Congress passed the first antitrust statute, the Sherman Antitrust Act, in 1890 in response to the public outrage toward big business. In 1914, Congress passed two additional antitrust laws: the Federal Trade Commission Act and the Clayton Act. (The Antitrust Laws. Web.)
The first antitrust law passed by Congress was the Sherman Act, in 1890. In 1914, Congress passed two other antitrust laws: The Federal Trade Commission Act, which created the Federal Trade Commission, and the Clayton Act. With some revisions, these are the most important federal antitrust laws still in effect today. Section 7 of the Clayton Act prohibits mergers and acquisitions when the effect "may be substantially to lessen competition, or to tend to create a monopoly." (ftc.gov) The antitrust laws proscribe unlawful mergers and business practices in general terms, leaving courts to decide which ones are illegal based on the facts of each case. For over 100 years, the antitrust laws have had the same basic objective: to protect the process of competition for the benefit of consumers, making sure there are strong incentives for businesses to operate efficiently, keep prices down, and keep quality up. The enforcement authorities of the federal antitrust laws are The Federal Trade Commission and the U.S. Department of Justice (DOJ) Antitrust Division (ftc.gov).
What is the goal of antitrust liability? Antitrust laws are designed to protect competition in markets. Early in the nation’s history, there was widespread fear of the dangers of monopolies and other restrictions on competition. In 1890, Congress passed the Sherman Antitrust Act in order to prevent limits on competition caused by private parties. Thus the main goal of antitrust law is to preserve “economic freedom” and a “free-enterprise system.” Specifically, it attempts to preserve “the freedom to compete” for businesses. In a practical sense, antitrust laws are seeking to prevent burdens on competition in the marketplace.
Oligopolies have been around ever since there is trade. However, it has only recently gained grounds in this age of globalisation. Never before has oligopolistic competition been so fiercely contested across so many industries.
There are many models of market structure in the field of economics. They include perfect competition on one end, monopoly on the other end, and competitive monopoly and oligopoly somewhere in the middle. In this paper, we will focus on the oligopoly structure because it is one of the strongest influences in the United States market. Although oligopolies can also be global, we will focus strictly on the United States here. We will define oligopoly, give key characteristics important to the oligopoly structure, explain why oligopolies form, then give an example of an oligopoly in today’s economy. Finally, we will discuss the benefits and costs in this type of market structure.
After a five-year investigation costing millions of dollars, the Antitrust Division found little that could be characterized as anti-competitive. But that did not stop the government. Not only did DOJ file an antitrust suit that caused Microsoft to cancel its planned
The U.S. government charged that Microsoft had violated antitrust law. Microsoft disagreed. Do you agree with the U.S. government, or with Microsoft? In answering this question, you may wish to address two issues. Was Microsoft a monopoly? Did it use its monopoly to compete unfairly against other companies?
2. What are some of the anti-competitive behaviours SesamWare might be guilty of? How did/might SesamWare’s behavior adversely affect free market competition upon which international trade depends? ( 5 Marks)
dominant incumbent even if the incumbent priced its products substantially above competitive levels for a significant period of time” (“Microsoft: Court’s Findings…). Obviously, the rival companies such as, IBM and Apple, have found great fact, that
Google is arguably the most popular search engine used on the internet. The company offers superior search results and clearly employs workers with innovative ideas that can keep the company ahead of the competition. However Google’s own mission statement requires that it “Do no evil,” meaning that it has made readily available the tools that have made the company successful. The Justice Department would like to categorize Google as a monopoly, but due to its open book reporting and its development of additional services, proving monopolistic status would be difficult and perhaps ineffective.
In my judgment Intel did react like a monopoly. Pure monopoly exists when a single firm is the sole producer of a product for which there are no close substitutes. The characteristics of a monopoly are a single seller, unique product no substitutions, the firm is the price maker and entry and exits are blocked. In this case study there were several evidence that Intel attempted to create a monopoly. First, Intel developed and patented a new
Professionally, Google is known as a company based in California that is labeled as an internet company which is multi-national. It provides online searching, as well as cloud computing, software, and advertising. The company actually didn 't start off as a company, but rather as a research project back in 1996. The project was being conducted by Sergey Brin and Larry Page who at the time were studying at Standford University as PhD students. At the time, in internet-land, the search engines that existed operated where they ranked the results by counting the number of times keywords results were on a page. The two students came with a better idea (called PageRank at the time), that looked at relationship between websites. It would rank websites by determining it 's relevance, which was based on the importance of pages, and the number of pages, and how it linked back to the main website. After the idea 's creation, the two founders made the project into a business, and changed the name to "Google", which is a neat miss-spelling of the word "googol" which had significance because it stands for the number one followed by one hundred zeros, and it related to their goal because they wanted to create a search engine that offered a large quantity of information.