Linked by Thom Holwerda on Tue 9th Apr 2013 10:34 UTC
Legal After Microsoft's extortion racket has failed to stop Android, and after Oracle's crazy baseless lawsuit failed to stop Android, and after Nokia adopting Windows Phone failed to stop Android, Microsoft, Nokia, and Oracle are now grasping the next straw in their fruitless efforts to stop Android: they've filed an antitrust complaint with the EU, claiming Google unfairly bundles applications with Android.
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Antitrust, there we go again
by wannabe geek on Wed 10th Apr 2013 09:41 UTC
wannabe geek
Member since:
2006-09-27

This is one more piece of evidence that antitrust legislation is about as bad as patents. No matter how careful a company is, as soon as it succeeds to serve the customer better than the competition, they are in trouble.

Reply Score: 2

RE: Antitrust, there we go again
by lemur2 on Wed 10th Apr 2013 10:35 in reply to "Antitrust, there we go again"
lemur2 Member since:
2007-02-17

This is one more piece of evidence that antitrust legislation is about as bad as patents. No matter how careful a company is, as soon as it succeeds to serve the customer better than the competition, they are in trouble.


http://en.wikipedia.org/wiki/European_Union_competition_law

Competition law in the European Union has some similarities with the law in the United States antitrust, though there are some key differences; not least, while US law is designed to protect competitors from the power of monopolies, EU law is designed to protect consumers from anti-competitive behaviour.


EU competition law (antitrust law) is designed to protect consumers. If a company "succeeds to serve the customer better than the competition", then it should have nothing to fear from EU competition law. If trouble for a company which serves the consumer better does arise from EU competition law, then the law is broken and does not achieve its actual intent but rather the opposite. The Open Handset Alliance (and hence Google) would therefore have excellent grounds for appeal in the event of a (wrong-way, against the intent, about-face) decision against them in respect of this complaint from Microsoft, Nokia and Oracle.

Edited 2013-04-10 10:37 UTC

Reply Parent Score: 2

wannabe geek Member since:
2006-09-27

Okay, the theory sounds better. In practice, though, there are always ways to present damage to competitors as potential damage to customers, usually in the form of reduced choice as competitors go out of business.


If trouble for a company which serves the consumer better does arise from EU competition law, then the law is broken and does not achieve its actual intent but rather the opposite.


Exactly, and I don't think it can be fixed. IMO, once you abandon respect for private property and contract in favor of nebulous concepts of market dominance, anything goes.


The Open Handset Alliance (and hence Google) would therefore have excellent grounds for appeal in the event of a (wrong-way, against the intent, about-face) decision against them in respect of this complaint from Microsoft, Nokia and Oracle.


From the fact that the law is broken, it doesn't follow that the appeal would succeed. Broken laws lead to broken results, until the law is changed. I do agree that, in this case, the complaints seem to be without merit, even within the current legal framework. I don't see the EU siding with Microsoft against open source.

Reply Parent Score: 2