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Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)
From: |
Alexander Terekhov |
Subject: |
Re: Hey Terekhov: Wallace lost. Who'd guess.... ;) |
Date: |
Wed, 17 May 2006 22:18:32 +0200 |
David Kastrup wrote:
[...]
> > Wallace brought forth the GPL. The GPL is his evidence.
>
> Yes. No facts compatible with his claim of predatory pricing.
And how do you know? Neither Judge Tinder nor Judge Young addressed
his claim of predatory pricing.
> IBM is
> supposed to be guilty of heeding a license? And the judge is supposed
> to admit that as a case?
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=495&invol=328
"Held:
1. Actionable "antitrust injury" is an injury of the type the
antitrust laws were intended to prevent and that flows from that
which makes defendants' acts unlawful. Injury, although causally
related to an antitrust violation, will not qualify unless it is
attributable to an anticompetitive aspect of the practice under
scrutiny, since it is inimical to the antitrust laws to award
damages for losses stemming from continued competition. Cargill,
Inc. v. Monfort of Colorado, Inc., 479 U.S. 104, 109 -110. P. 334
2. A vertical, maximum-price-fixing conspiracy in violation of 1
of the Sherman Act must result in predatory pricing to cause a
competitor antitrust injury. Pp. 335-341."
Now go read what Judge Tinder had to say about the GPL and Wallace's
claims here:
http://sco.tuxrocks.com/Docs/Wallace_v_FSF/Wallace_v_FSF-30.pdf
Pay attention to "vertical maximum price fixing".
The Judge ruled that Plaintiffs Third Amended Complaint States a Claim
Upon Which Relief can be Granted and that Plaintiffs Allegations
Sufficiently Set Forth a Violation of the Rule of Reason, but Plaintiff
Has Not Alleged Antitrust Injury.
And then Wallace has added the claim of predatory pricing to his
complaint.
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=495&invol=328
"Although a vertical, maximum-price-fixing agreement is unlawful under 1
of the Sherman Act, it does not cause a competitor antitrust injury unless
it results in predatory pricing. 8 Antitrust injury does not arise for
purposes of 4 of the Clayton Act, see n. 1, supra, until a private party
is adversely affected by an anticompetitive aspect of the defendant's
conduct, see Brunswick, 429 U.S., at 487 ; in the context of pricing
practices, only predatory pricing has the requisite anticompetitive
effect. 9 See Areeda & Turner, Predatory Pricing and Related [495 U.S.
328, 340] Practices Under Section 2 of the Sherman Act, 88 Harv. L. Rev.
697, 697-699 (1975); McGee, Predatory Pricing Revisited, 23 J. Law & Econ.
289, 292-294 (1980). Low prices benefit consumers regardless of how those
prices are set, and so long as they are above predatory levels, they do not
threaten competition."
> There is no case here.
See above.
regards,
alexander.
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), (continued)
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/17
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/17
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/17
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/17
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/17
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/17
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/17
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/17
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Rui Miguel Silva Seabra, 2006/05/17
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/17
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;),
Alexander Terekhov <=
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/17
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/18
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/18
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/18
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/18
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/18
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/18
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/18
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Richard Tobin, 2006/05/18
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/18