1. Assume ParaWorld was eventually ordered to cease and desist due to IP infringement. What category of IP has ParaWorld most likely infringed? Explain the actions that constitute such an infringement. (5 Marks) 2. What are some of the anti-competitive behaviours SesamWare might be guilty of? How did/might SesamWare’s behavior adversely affect free market competition upon which international trade depends? ( 5 Marks) 3. Is there an international law governing Sesame’s behaviour? How will competition laws be enforced globally? (5 Marks) 4. If SesamWare had been headquartered in a country that had no competition laws, as is the case in many developing countries, or if SesamWare never entered into a contract (for example to buy …show more content…
2. Some of the anti-competitive behaviours SesamWare might have engaged in are as follows: * Dominance and Monopoly: The Company brought many other competitors and became the dominant force in the software industry. This granted them power to dictate terms. * Pyramid Scheme: The gamers were lured into accepting licenses which contained clauses which were meant to benefit the organization in the long-run and not the licensees. * Refusal to deal: SesamWare rendered other companies inadequate to compete by strategically eliminating them from the market. * Issues regarding acquisitions: The phrase “more than meets the eye” perfectly fits the situation. The main motive of the acquisitions seems to be eliminating competition to gain dominance in the market. * Predatory Pricing: The initial contract fee was too low which made it impossible for the other software companies to compete. 3. There is no single authority responsible for the enforcement of international laws. (FITT) However, there are many entities that are concerned with implementation and could possibly have an impact on SesamWare. They are as follows: * GATS and GATT contain provisions dealing with monopolies and TRIPS and GATS recognize the sovereignty of governments to take actions against anti-competitive behaviours. * Organization for Economic
In a stunning setback for Bill Gates’ software empire, the judge in the Microsoft ruled that the software giant is a monopoly that wielded its power to stifle competition. Judge Thomas Penfield Jackson delivered his much-anticipated findings of fact—his take on the contradictory evidence and insider e-mails that have surfaced since the government sued Microsoft for antitrust violations before. Jackson still has to rule on whether Microsoft worked in illegal anticompetitive practices, as the Justice Department has charged. A defiant Gates, appearing
competitors be able to compete in the market or not. Thus, if two market leaders conclude a contract, risk that other competitors will fail to get profit and develop is very high.
Antitrust laws are meant to protect competition in markets. They try to ensure that all individuals have an “equally opportunity in honest competition.” Early in the nation’s history, there was widespread fear of the dangers of monopolies and other restrictions on competition. In 1890, Congress passed the Sherman Antitrust Act to prevent limits on competition caused by private parties. Thus the main goal of antitrust law is to preserve “economic freedom” and a “free-enterprise system.” Specifically, it attempts to preserve “the freedom to compete” for businesses. In a practical sense, antitrust laws are seeking to prevent burdens on competition in the marketplace.
Through the course of this paper I will introduce and discuss the history of the movement towards an actively and engaged antitrust legislation. I will also identify the original and early antitrust laws and how they have influenced the economy, as we know it today. Upon the completion of this paper you will understand who was set to benefit (gain) from anti legislation and who loses under the intentions of the antitrust laws today and in the past.
6. Competitor Response – Will competitors prove an aggressive response that could danger Paragon’s future success?
dominant incumbent even if the incumbent priced its products substantially above competitive levels for a significant period of time” (“Microsoft: Court’s Findings…). Obviously, the rival companies such as, IBM and Apple, have found great fact, that
The competition policy is about the law placing rules to assure that an organization or business do compete their business market fairly among each other’s. With this, it strengthen endeavour and proficiency, to make a more widely extensive choice for consumers and also help diminishes costs and enhance its quality. Besides, the competition policies are also known as the government policies that help avoid and make reduction of abusing of a monopoly power among market. Thus, the competitions act 1998 as the competition policies to make arrangement about the competitor and manhandle of a prevailing position among the markets. (Legislation.gov.uk, 2016)
The purpose of this assignment is to research a recent case of an antitrust investigation. I chose to research a current case ongoing in the European Union regarding the investigation of an antitrust violation involving Google, an extremely popular online search engine. As per the assignment instructions, the following paragraphs will address and answer the specified questions.
What is a monopoly? According to Webster's dictionary, a monopoly is "the exclusive control of a commodity or service in a given market.” Such power in the hands of a few is harmful to the public and individuals because it minimizes, if not eliminates normal competition in a given market and creates undesirable price controls. This, in turn, undermines individual enterprise and causes markets to crumble. In this paper, we will present several aspects of monopolies, including unfair competition, price control, and horizontal, vertical, and conglomerate mergers.
Monopoly Maintenance is the monopolist 's ability to use tying and foreclosure to increase future profits by deterring entry of efficient firms into the monopolist 's primary market and newly emerging markets. It is the strategic use of tying to deter the entry of efficient firms that raises the most interesting and difficult public policy.
3)Also, the inability to research foreign markets before acquiring through leveraged buyouts posed as a threat because they paid too much for CPC and acquired too much
For example, make the price of the raw materials are the same. In addition, the company should deal with multiple suppliers in different country. This rule helps to create the demand for the local company. The second one is antitrust and competition policy. The aims of the antitrust policy are to reduce the monopoly and to increase of the competition level. For example, if the company faces the high monopoly that cannot to competition in the market. Oman country allow to the competition with other company, but in the limit. For example, in the beginning of open the Carrefour the price of the product is less rather than other company in the market, so the Carrefour gain high profit and attracts most of the customer, but other company become failure. The government makes the rules for the price of the product. All the company makes price similar and some of the product is the same price. This way the country cans destruction the monopoly in the market and sustaining the competitive advantage for the local company. The third one is export the controls. The Oman country is trying to limit or reduce the export of the product abroad because of the economy and
Economics Course: International Competition Policy Course Code: EBC2093 Group Number: 02 Tutor Name: G. Valletta Writing Assignment: Final Case
Competitors’ uprising: as part of the survival of any company, assessing both customers and competition will forecast what changes and improvements are needed on your company and products. There is a famous quote in my country: “became famous, and fall sleep”; this is what Luxor did. They felt real confident with their position, and make little effort to maintain it. By closing their doors to a horizontal implementation, they also limited the development of the company. At first, their leading position was maintained, but it was updated by competitors. The fact that they relied solely on their technical community for constant improvement without making the appropriate investments on R&D limited their provability of innovation. As the market change, the methodologies that we used also become obsolete; this is why strategic planning, R&D, and constant assessment of the market and costumers are critical for survival. Also, by not accepting to license their patent, they limited the growth of the company which could help them to expand horizons on new markets.
This essay will first examine the benefits and detriments vertical agreements may have on competition. The reasons for and against adopting a blanket exclusion of vertical agreements from the section 34 prohibition will then be examined to show why such a blanket exemption should not be adopted in Singapore.