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Apple Sued by Consumers Over iPhone Locking Policies

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Replying to:  The Sherman Act really?! by stevelvl   Oct 22, 2012, 8:48 AM

Re: The Sherman Act really?!

by johnhr2    Oct 22, 2012, 9:51 AM

The Sherman Act of 1890 in a nutshell is:
A Section 1 violation has three elements:
1. An agreement
2. which unreasonably restrains competition
3. and which affects interstate commerce.

A Section 2 violation has two elements:
1. the possession of monopoly power in the relevant market and
2. the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident.

And laws over a 100 years old can still be used today depending on how broadly they were written.

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