Competition, Innovation, and Public Policy in the Digital Age: Hearings Before the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, Second Session ... November 4, 1997, March 3, and July 23, 1998, Volume 4 |
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agreements ALSOP anticompetitive antitrust enforcers antitrust laws applications applications software Arquit Ballmer BARKSDALE believe Bill Gates browser bundling CHAIRMAN choice committee competition competitors computer industry computer software concerned consumers create customers desktop dominant firm economy electronic exclusionary fact GLASER going Government hearing important innovation intellectual property interface Internet Explorer issue Java leverage licensing Logo Lotus manufacturers market power market share marketplace McNealy ment million monopolist monopoly monopoly power Netscape Netscape Navigator Netscape's network effects OEMs offer operating system percent personal computer Plains Software platform promote question RealNetworks RealPlayer RealSystem RealVideo Senator DEWINE Senator KOHL Senator LEAHY server software industry software markets standards statement Steve Ballmer streaming media Sun Microsystems Thank things tion users vendors Windows 98 Windows Media Player Windows NT
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Page 39 - United States v. Grinnell Corp., 384 US 563, 571, 576 (1966).* Mr. Justice DOUGLAS: The offense of monopoly under § 2 of the Sherman Act 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.
Page 205 - Mr. Chairman and members of the committee, I very much appreciate the opportunity to appear before you today In support of four public works projects in my district, the 13th Congressional District of Ohio.
Page 293 - The rights and remedies of the Government provided In this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
Page 40 - For our purposes a tying arrangement may be defined as an agreement by a party to sell one product but only on the condition that the buyer also purchases a different (or tied) product, or at least agrees that he will not purchase that product from any other supplier.
Page 346 - US 37] tying when, for example, the flour monopolist threatens to use its market power to acquire additional power in the sugar market, perhaps by driving out competing sellers of sugar, or by making it more difficult for new sellers to enter the sugar market. But such extension of market power is unlikely, or poses no threat of economic harm, unless the two markets in question and the nature of the two products tied satisfy three threshold criteria.5 First, the seller must have power in the tying-product...
Page 355 - In addition, it is relevant to consider its impact on consumers and whether it has impaired competition in an unnecessarily restrictive way. If a firm has been attempting to exclude rivals on some basis other than efficiency, it is fair to characterize its behavior as predatory.
Page 293 - Member shall admit in writing its inability to pay its debts as they mature; or...
Page 280 - Intellectual property law bestows on the owners of intellectual property certain rights to exclude others. These rights help the owners to profit from the use of their property. An intellectual property owner's rights to exclude are similar to the rights enjoyed by owners of other forms of private property.
Page 12 - HR 8763, relating to the proposed Oregon Dunes National Recreation Area. On behalf of the Department of Agriculture, I want to convey our strong support for this legislation, and our recommendation that it be promptly enacted.
Page 293 - ... Agreement: The agreement entered into by ESCo with , a public utility company ("Utility"), pursuant to which ESCo is required to install certain ECMs at facilities such as Customer's Premises and in accordance with the terms of which ESCo has entered into this Agreement. III. ECM COMMENCEMENT DATE AND TERM OF AGREEMENT. The term of this Agreement shall commence as of the date on which this Agreement is executed and shall continue, unless sooner terminated in accordance with the terms hereof,...


