This case presents two critical questions regarding the legal standards governing the Rule of Reason, which determines the outcome of nearly every Sherman Act case. It is well settled that a restraint that has both pro- and anti- competitive effects is unlawful if a ‘less-restrictive alternative” will achieve the same benefits while harming competition less. The circuits are divided, however, on two issues that were outcome-determinative in this case (1) the legal test for identifying a less-restrictive alternative; and (2) if no less-restrictive alternative exists, whether the restraint is valid even when (as in this case) the court finds harms to competition that vastly outweigh the benefits.
The Questions Presented are:
- Must a less restrictive alternative be free from additional costs to the defendant?
- If there is no less-restrictive alternative, is the restraint invalid if the harms to competition substantially outweigh the restraint’s procompetitive justification?
Prez wrote on Sep 28, 2023, 20:09:Because you're looking at the 2023 Tesla with all the perks. The "SE" is a 2023 Toyota Corolla... and that's fine by me.Kxmode wrote on Sep 28, 2023, 18:56:Prez wrote on Sep 28, 2023, 07:41:I picked up a brand-new iPhone SE for $400. I'm calling nonsense on your "still cost over $1000" statement.
Honest answer - they are a trillion dollar company whose phones still cost over $1000. Am I supposed to be stupid enough to assume razor-thin profit margins there?
I've been wrong before, but how come the new iPhone 15's I saw in the Verizon store the other day started at $1100?
Prez wrote on Sep 28, 2023, 20:09:Because that was the price for that model. They have 3 different models (15, 15 Pro and 15 Pro Max) each with different cameras, features and multiple storage options.
I've been wrong before, but how come the new iPhone 15's I saw in the Verizon store the other day started at $1100?
Kxmode wrote on Sep 28, 2023, 18:56:Prez wrote on Sep 28, 2023, 07:41:I picked up a brand-new iPhone SE for $400. I'm calling nonsense on your "still cost over $1000" statement.
Honest answer - they are a trillion dollar company whose phones still cost over $1000. Am I supposed to be stupid enough to assume razor-thin profit margins there?
Prez wrote on Sep 28, 2023, 07:41:I picked up a brand-new iPhone SE for $400. I'm calling nonsense on your "still cost over $1000" statement.
Honest answer - they are a trillion dollar company whose phones still cost over $1000. Am I supposed to be stupid enough to assume razor-thin profit margins there?
The Half Elf wrote on Sep 28, 2023, 02:31:I believe we have already established that you own Apple stock and thus your take on this is completely biased by your greed. Having you ask this same silly question in every thread just goes to show how much you suffer from the cognitive dissonance that is caused by your bias. The answer has been given to you, but through your lens of greed you do not see it as a valid answer.
Hope Epic gets sexually assaulted by a giant angry in heat rhino called the Supreme Court.
So here is a HONEST question, and please try to explain this to me. Apple makes a great product, and makes a app store with rules X Y and Z. People complain that it's anti-competitive. How is it anti-competitive to have your own custom created app store, when no one else steps up to make anything else like it except Google, and (gonna assume) Microsoft with their cell phone products?
Verno wrote on Sep 28, 2023, 13:11:Prez wrote on Sep 28, 2023, 11:19:
but you won't find me defending Valve. We live in a world where if you decided what you owned based on what company isn't a giant greed-driven, soulless, vile mega-corporation you may as well sell everything, shave your head, and go be a missionary in a third world country.
I don't know, Valve has done some pretty cool pro-consumer stuff over the years and provides me a lot of value so I don't mind singing their praises from time to time. I'll harp on any company where appropriate and laud them if they earn it. We can allow our emotions to flex a bit, we don't have to be accountants about every little thing![]()
Prez wrote on Sep 28, 2023, 11:19:
but you won't find me defending Valve. We live in a world where if you decided what you owned based on what company isn't a giant greed-driven, soulless, vile mega-corporation you may as well sell everything, shave your head, and go be a missionary in a third world country.
Verno wrote on Sep 28, 2023, 11:10:Prez wrote on Sep 28, 2023, 10:57:
I didn't want to be cheeky but I could have predicted that this would be your exact response. I don't give a crap if you're on team Apple or not. They certainly don't. Like who you like. Just avoid false comparisons. Or don't; I really don't care. I'm just always amazed with the lengths people go to to defend a greedy corporation who could not give less of a shit about you.
I don't choose my phone like a sports team, it's just the device that suits my needs. I have a better experience on iOS than I did with years of Android use, your mileage may vary.
Half Elf's point was that some people look at the cost relative to what they get out of it. I'm certainly like that with some purchases. A portable super computer with all of the worlds info that also lets me do my banking, chat and so much more. Is that worth $2-3 a day even if I only kept it for 2-3 years? Absolutely it is.
Prez wrote on Sep 28, 2023, 10:57:
I didn't want to be cheeky but I could have predicted that this would be your exact response. I don't give a crap if you're on team Apple or not. They certainly don't. Like who you like. Just avoid false comparisons. Or don't; I really don't care. I'm just always amazed with the lengths people go to to defend a greedy corporation who could not give less of a shit about you.
The Half Elf wrote on Sep 28, 2023, 02:31:HONEST answer (although not my personal feelings, which are a little... vague right now.)
Hope Epic gets sexually assaulted by a giant angry in heat rhino called the Supreme Court.
So here is a HONEST question, and please try to explain this to me. Apple makes a great product, and makes a app store with rules X Y and Z. People complain that it's anti-competitive. How is it anti-competitive to have your own custom created app store, when no one else steps up to make anything else like it except Google, and (gonna assume) Microsoft with their cell phone products?
The Half Elf wrote on Sep 28, 2023, 10:52:Prez wrote on Sep 28, 2023, 07:41:
Honest answer - they are a trillion dollar company whose phones still cost over $1000. Am I supposed to be stupid enough to assume razor-thin profit margins there?
EDIT: To be clear, that in and of itself is not anti-competitive, but it is indicative of anti-competitive practices by Apple.
1000 dollar mini computer in your pocket that does phone calls, videos, photo's, audio, editing etc. I mean if you want to have the newest shiny from company X you'll find out a way to get it and justify it. Gonna guess you're pc gaming rig/consoles were all free?![]()
Prez wrote on Sep 28, 2023, 07:41:
Honest answer - they are a trillion dollar company whose phones still cost over $1000. Am I supposed to be stupid enough to assume razor-thin profit margins there?
EDIT: To be clear, that in and of itself is not anti-competitive, but it is indicative of anti-competitive practices by Apple.
The Half Elf wrote on Sep 28, 2023, 02:31:I think the real question is what do you do when a company is so large that it is essentially impossible to compete against. Because two companies competing against each other is better than nothing, but it still ain't great.
Hope Epic gets sexually assaulted by a giant angry in heat rhino called the Supreme Court.
So here is a HONEST question, and please try to explain this to me. Apple makes a great product, and makes a app store with rules X Y and Z. People complain that it's anti-competitive. How is it anti-competitive to have your own custom created app store, when no one else steps up to make anything else like it except Google, and (gonna assume) Microsoft with their cell phone products?