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Alan Wake 2 Still Hasn't Earned Back Its Budget (techraptor.net)

submitted 6 months ago by [email protected] to c/[email protected]

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[–] [email protected] 2 points 6 months ago (1 children)

Here, it's easy:

Then courts ask if that leading position was gained or maintained through improper conduct—that is, something other than merely having a better product, superior management or historic accident.

Does not in fact say:

Then courts ask if that monopoly was gained or maintained through improper conduct—that is, something other than merely having a better product, superior management or historic accident.

The standard has multiple prongs. You might have "monopoly power" without in fact being a monopoly because being a monopoly requires meeting a legal standard where being the in the leading position of a market is not the singular qualifier.

[–] [email protected] 0 points 6 months ago (1 children)

You're quoting a sentence that defines anticompetitive practices, not a sentence that defines a monopoly.

Here is a sentence from the same page that defines a monopoly:

Courts do not require a literal monopoly before applying rules for single firm conduct; that term is used as shorthand for a firm with significant and durable market power — that is, the long term ability to raise price or exclude competitors.

[–] [email protected] 1 points 6 months ago (1 children)

the long term ability to raise price or exclude competitors.

Which you seem to take for a granted, but won't provide even a theoretical for how that might have happened here?

[–] [email protected] -1 points 6 months ago

Ability means "they can," not "they did."