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Re: sgolds post# 5529

Saturday, 05/31/2003 1:14:56 PM

Saturday, May 31, 2003 1:14:56 PM

Post# of 97831
Some historical perspective: The modern definition of 'monopoly' was established by the Sherman Antitrust Act, in the late 1800s. Violation of that act means abuse of a monopoly status. Antitrust means to oppose monopoly.
If I recall correctly, I think Intel eventually settled that suit with Intergraph and avoided a finding that they are a monopolist. Let's see... they settled one suit and continued contesting the other on April 15, 2002:
http://www.intergraph.com/press02/settlement.asp



---Incorrect. The courts specifically struck down Intergraph's claims of Intel being a Monopoly under the Sherman Anti Trust act. Intel did not settle the Monopoly claim at all:



http://news.zdnet.co.uk/story/0,,t269-s2077678,00.html
Judge dismisses antitrust charges against Intel
11:13 Tuesday 14th March 2000
Ken Popovich, ZDNet US

US court rules that Intel did not violate antitrust laws
Intel did not violate federal antitrust laws by withholding product information from Intergraph,
the US District Court in Birmingham, Alabama, ruled on Monday in dismissing a lawsuit against the chip maker.......

But Nelson later dismissed Intergraph's patent infringement suit (involving processor cache memory management) against Intel. And in November, the US Court of Appeals for the Federal Circuit overturned the injunction, contending that while Intel's actions certainly put Intergraph at a disadvantage in the industry, the action itself did not violate antitrust laws.

"The Sherman Antitrust Act does not convert all harsh commercial actions into antitrust violations," the court ruled at the time. "Unilateral conduct that may adversely affect another's business situation, but is not intended to monopolise that business, does not violate the Sherman Act."



---So, since a Federal Court specifically ruled that strong arm business practices Do Not violate the Sherman Anti-Trust laws, Intergraph has in effect shielded Intel from future claims of "Monoplolist" if they strong arm others. Intel should actually thank Intergraph.

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