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> is an economically sound and widely-used practice that has not previously been found to be unlawful

Not unlawful maybe, but unfair? I think the answer is yes.

It's already happened.

Being politically influential, vertically integrated, well organized, and able to negotiate cohesively as a cartel, the Seven Sisters were initially able to exert considerable power

https://en.wikipedia.org/wiki/Seven_Sisters_(oil_companies)

Apple is more powerful, more influential, more vertically integrated and more capitalized than any of those companies.



I'm not sure I understand your argument or your views, as there is only the assertion about Apple ("Apple is more powerful...") provided without any of your own views explaining how that assertion has any bearing on this matter. If you can offer any further explanation of how to connect your comment with the case under discussion, I'd love to consider it in more detail. Anyways, proceeding with the best I can offer —

Do you believe that a US judge can issue a summary judgment against a defendant based solely on fairness, when based solely on case law they are not guilty of any crime? (Apple is the defendant, and US law is biased in favor of defendants in various respects.) I believe that such a finding, whether by a judge or a jury, usually results in the judgment being overturned by the appellate court.

In the context of the Seven Sisters example, then, the simple-test question for finding a judicial bridge for the connection between the Seven Sisters and Apple is below. I use "without basis in law" as a superset of "unfair but not unlawful". I would hazard a guess that the answer to this question is "No." but I haven't researched it further.

"In cases where the US member(s) of the Seven Sisters were defendants, did a judge or jury ever find against them without basis in law, and in such cases, were any of those judgments allowed to stand by the appellate court?"


> Do you believe that a US judge can issue a summary judgment against a defendant based solely on fairness,

As Italian, I don' t believe USA can deliver justice at all (I can make tons of examples).

Se also Assange.

To make it clear: this is a discussion board, someone said it's not unlawful, I replied unlawful it's not the only thing that matters.

For example: in US it is not unlawful to not pay maternity leave, it's unlawful in Europe.

It's unfair in general, so, in my opinion, unfair laws should be changed to make society more fair (as fair as possible)

That's the point.

The power Apple detains make opposing to some of their rules unfair (and impossible) hence the laws are somewhat lacking somewhere.

You probably don' t know him, but Enrico Mattei was killed because he broke the seven sister's oligopoly.

When companies are too powerful, they are dangerous.

When they have global power, they are globally dangerous.

https://en.wikipedia.org/wiki/Enrico_Mattei


The job of the judge is to determine legality based on existing legislation and precedence.

If you want a judge to make a decision based on nonexistent law, you will need Congress to pass a law that they can use first.




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