The Feds Want To Write Your Software

[Jim Choate]

On Tue, 7 Aug 2001, Steve Schear wrote:

> Issues
> When looking at antitrust it seems prudent to consider, to whatever degree 
> possible, whether regulatory intervention achieves the intended goals or 
> whether it merely substitutes one set of problems for another.  Market 
> dominance/penetration has been a major issue in antitrust.  Reduction of 
> consumer choice through stifling of innovation should be included with 
> predatory pricing and other consumer impacts in consideration of antitrust.

> At a workshop presentation last spring I suggested a non-regulatory way to 
> include reduction in choice effects.  Under the proposed changes Congress 
> would set market size and penetration limits for all markets (based on SIC 
> or its newer offspring) exceeding some minimum size threshold (e.g., 0.1% 
> GNP) and enabling competitors to sue in federal court for removal of 
> trademarks and copyrights of the monopolist related to the industry in 
> question.  Since trademarks and copyrights are privileges and not rights 
> they can, theoretically, be rescinded.

You consider Congress setting market penetration limits as
'non-regulatory'?

Somebody didn't eath their Wheaties this morning...


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