From the Jun 15 – Jun 21, 2000 issue

News

Killer Application

Federal Judge Thomas Penfield Jackson Boots up the Sherman Antitrust Act, Sections 1 & 2

by Josh Feit

Companies like Sun Microsystems were obviously wasting their time relying on all those Mountain Dew-inspired 21-year-olds to write some hot new code that would topple their Redmond rival. (And judging from the government's overwhelming and compelling case indicting Microsoft's strong-arm tactics, it's clear that superior operating systems or applications wouldn't have mattered anyway.) Companies like Sun eventually figured out that they simply had to turn to the writings of a Republican who's been dead since 1900. Check out what a 67-year-old senator from Ohio named John Sherman penned back in 1890. Despite the fashionable B.S. spouted by Microsoft and parroted verbatim in the Seattle Post-Intelligencer--the scary notion that the new economy is above the law--Sherman's writing is clearly applicable today.

SHERMAN ACT, 15 U.S.C. 1

Trusts, Etc., in Restraint of Trade Illegal; Penalty

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding ten million dollars if a corporation, or, if any other person, three hundred and fifty thousand dollars, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.

SHERMAN ACT, 15 U.S.C. 2

Monopolizing Trade a Felony; Penalty

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding ten million dollars if a corporation, or, if any other person, three hundred and fifty thousand dollars or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.