The economic system of the United States is sculpted after the concept of capitalism. Capitalism supports free enterprise - private business operating without government regulation. The United States does standardize private businesses. Sometimes special circumstances arise which threaten to deteriorate the overall economic solidity of the country. In order to adequately manage these situations, the United States government has passed many laws permitting certain groups the ability to bring attention to as well as stop the threat. This is particularly important in terms of its effects on individuals. It defends the freedoms of individuals, preserves order and stability, and attempts to endorse equality. One example of the ability of the United States government to interfere with the natural progression of the American capitalist society, is the presence of antitrust laws. These laws regulate certain engagements of individuals, trusts, corps, and combinations of corps in an effort to thwart or forcibly end a monopoly. Since 1989, Microsoft has been repetitively accused of violating antitrust laws. More than once, these allegations have led to an antitrust case being filed against Microsoft as a company. These antitrust laws and law suits are tremendously significant. Despite the outcomes of the cases, antitrust laws served their purpose- to uphold the balance of the concepts of freedom, order, and equality. Freedom is one of the three key theories that government must pursue for its citizens. Freedom has two core circumstances in which it is used; which are freedom of, and freedom from. Freedom of is the absence of constraints on behavior; it means freedom to do something. These types of freedoms ensure individuals specific liberties such as freedom of the press, freedom of speech, freedom of religion, and all other civil rights. These individual freedoms are extremely vital in a democracy. Freedom from . . . advocates invulnerability from fear and want. Freedom from is also vital in a democracy. It guarantees that certain things cannot be done to anyone under these laws. This is imperative because it places limits on the authorities of the government. Another responsibility that government must pursue is maintaining order. Order is the rule of law to preserve life and protect property. Maintaining order is the oldest purpose of government. There is also a third aspect associated with the idea of order. This is a belief in maintaining traditional patterns of social relationships. Both the preservation of life and the protection of property are pursued in similar ways. The most common ways in which the government attempts to maintain order are through government legislation, interpretation of the law, and enforcement of the law. The final aspect of order is maintaining traditional patterns of social behavior, also called social order. "Social order refers to established patterns of authority in society and to traditional modes of behavior." Social order is, therefore, what society feels is right. For this reason, social order is largely maintained by the society in question along with the government. As the values, beliefs, ideas, etc. of a society gradually change over time, the social order will change as well. Even though the social order is continuously changing, it is not upset. The norms of the society change, but the change is gradual. The social order is upset when there is a sudden change in some value, belief, idea, etc. of a large number of the people within a society that is in contrast with the norm of the society and causes the whole society to forget the original social order in order to argue and put an end to the new "untraditional" values, beliefs, ideas, etc. that oppose the old societal norm. Order is a concept that applies to all systems. Most of these systems use a completely unique way of maintaining order. Similarly, different areas that humans try to maintain order within may have other natural ways to…
Evaluation of current use of force laws
Evaluation of use of force laws in Texas: An Introduction
There have been 3 changes in Texas law regarding the duty to retreat. Before 1974, Texas did not enforce a duty to retreat upon its people. However, in 1973 the Texas Legislature revised the Texas Penal Code to create a duty to retreat prior to using deadly force. The statute change allowed the use of deadly force only if a logical…
Sherman Antitrust Law
Competition is a very important aspect in the society as far as business is concerned. Competitive markets ensure adequate supply of goods at considerable prices. In such markets the forces of demand and supply are what determine the quantity of goods as well as their prices. However, this is not always the case certain forces may monopolize the market and restrict competition. This monopolization renders control of the market to a single company…
I consider the case of Microsoft, which was investigated for antitrust behavior. Microsoft is a largest software manufacturing company having one of the highest valuations in the world. It manufactures windows required for an operating system of servers and personal computers. Since 1991 the Microsoft has been investigated many times for the violation of antitrust laws particularly for Sharman Antitrust Act. The litigant alleged that the Microsoft misused its monopoly power on personal computer…
Chamberlain College of Nursing
According to the economics textbook by McConnell, Brue, & Flynn; the antitrust law is to prevent monopolization, promote competition, and achieve allocative efficiency. Examples of the antitrust laws are the Sherman Act of 1890, Clayton Act of 1914, Federal Trade Commission Act of 1914, and Celler-Kefauver Act of 1950. Whoever violates these laws is found guilty of a…
Antitrust Practices and Market Power
Kimberly L. Luce
The company I have chosen is Comcast. They offer cable, internet, and video-on-demand. The Federal government decided to investigate cable companies for trying to manipulate the consumer away from services provided by other competitors like Netflix and Hulu.
Comcast was found to be in violation of the Hart-Scott-Rodino Antitrust Improvement Act (HSR…
company completely dominating the market. Based off of the history of the United States it does not seem like it is possible for society to thrive in a market with monopolies. This is why United States laws have been formed in order to prevent monopolies from existing, these laws are called antitrust laws. Even though America has forbade monopolies to exist on it's soil was that the best decision? Are there benefits from monopolies existing in today's society?
In today's society the term monopoly…
January 24, 2015
The purpose of this paper is to examine the recent antitrust investigations of the super search engine Google. Competition law seeks to maintain market competition by regulating anti-competitive conduct by companies (Taylor, 2006). Competition law is known as antitrust in the United States but is referred to by other terms such as anti-monopoly. It is important to sustain antitrust laws to promote and maintain fair competition in markets and to decrease barriers to entry…
The U.S. government charged that Microsoft had violated antitrust law. Microsoft disagreed. Do you agree with the U.S. government, or with Microsoft? In answering this question, you may wish to address two issues. Was Microsoft a monopoly? Did it use its monopoly to compete unfairly against other companies?
Commencing in 1990, Microsoft was investigated and then charged with violation of the Sherman Antitrust Act which governs United States businesses. The company was determined to be a monopoly…
The Microsoft Antitrust Case
The Microsoft Antitrust Case
In 1998 the Microsoft Corporation was at the center of an investigation by the U.S. Department of Justice (DOJ) which alleged the company of violating the Sherman Act. The Sherman Act is considered the foundation of federal antitrust litigation, and is used to “combat anticompetitive practices, reduce market domination by individual corporations, and preserve unfettered competition as the rule of trade” (www.law.cornell.edu). The DOJ…