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Topic: Case of Monopolies

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	Monopoly - LoveToKnow 1911
		Allen (the case of monopolies, 1602), and this decision was never overruled, though the law was frequently evaded.
		Elizabeth, as is well known, granted patents of monopoly so freely that the practice became a grave abuse, and on several occasions gave rise to serious complaints in the House of Commons.
		Thus a grant of a monopoly to sell playing-cards is made, because "divers subjects of able bodies, which might go to plough, did employ themselves in the art of making of cards"; and one for the sale of starch is justified on the ground that it would prevent wheat being wasted for the purpose.
	www.1911encyclopedia.org /Monopoly (490 words)

	CHAPTER SIX
		Monopolies are likely to offer a less competitive product thus avoiding competition which is the driving force for innovation and progress in a capitalist system.
		Monopolies are not under the competitive pressure and fear of losing their share of the market unless they are competitive.
		Monopoly established through innovation is transient, meaning innovators cannot simply sit on their monopoly as they are constantly challenged by new technological advances.
	www.auburn.edu /~gadzeat/chapter-seven.htm (2839 words)

	[No title]
		Private sector participation, in such cases, will be of value not only to bring in needed capital, but also as a means of boosting the performance of public utilities, freeing the state from a financial burden and allowing it to better meet other social needs.
		In cases where equity, health or environmental considerations are a factor, the state must create the monitoring and enforcement mechanisms necessary to ensure the socially optimal behaviour of private infrastructure providers.
		In some cases, management contracts, leasing, or partial equity participation [“joint ventures”] are designed to be a half-way houses in a process of ultimate privatisation of assets, specifically in sectors such as power, water, ports and airports.
	www.worldbank.org /html/lac/cgced/infrast/ch1.doc (10258 words)

	Slaughterhouse Cases - 1872 (Site not responding. Last check: 2007-10-13)
		In that case the effect on the butchers in pursuit of their occupation and on the public would have been the same as it is now.
		All monopolies in any known trade or manufacture are an invasion of these privileges, for they encroach upon the liberty of citizens to acquire property and pursue happiness, and were [83 U.S. 36, 102] held void at common law in the great Case of Monopolies, decided during the reign of Queen Elizabeth.
		In all these cases there is a recognition of the equality of right among citizens in the pursuit of the ordinary avocations of life, and a declaration that all grants of exclusive privileges, in contravention of this equality, are against common right, and void.
	www.agh-attorneys.com /4_slaughterhouse_cases__1872.htm (13348 words)

	Theater Monopolies in Hollywood: the Crescent Theates
		The Crescent case was one of three federal actions filed in 1939 against the three largest independent theater circuits.
		The three cases together develop a legal theory of divorcement and divestiture which was applied in the Paramount case.
		In the Crescent case, nine exhibition companies, all having stock affiliations with one another, were found to have conspired with the eight leading distributors to restrain trade and to monopolize exhibition in 78 towns in Alabama, Arkansas, Kentucky, Mississippi, and Tennessee.
	www.cobbles.com /simpp_archive/crescentcase.htm (757 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		But the monopoly and restraint denounced by the act are the monopoly and restraint of interstate and international trade or commerce, while the conclusion to be assumed on this record is that the result of the transaction complained of was the creation of a monopoly in the manufacture of a necessary of life.
		The referee in the case found that those companies acquired under their arrangement the power to control the entire market for bituminous coal in the northern part of the state, and their combination was, therefore, a restraint upon trade, and against public policy.
		From the report of the case it appears that that company was organized, under the laws of Connecticut, for the purpose of uniting in one corporation all the match manufactories in the United States, and to monopolize and control the business of making all the friction matches in the country, and establish the price thereof.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?navby=case&court=US&vol=156&invol=1&pageno=39 (8172 words)

	14th Amendment does not limit the state's police powers - Slaughter-House Cases, 83 U.S. 36, 21 L.Ed. 394, 16 Wall. 36 ...
		The Supreme Court of Louisiana decided in favor of the company, and five of the cases came into this court under the 25th section of the Judiciary Act in December, 1870, where they were the subject of a preliminary motion by the plaintiffs in error for an order in the nature of a supersedeas.
		The cases named on a preceding page, [*] with others which have been brought here and dismissed by agreement, were all decided by the Supreme Court of Louisiana in favor of the Slaughter-House Company, as we shall hereafter call it for the sake of brevity, and these writs are brought to reverse those decisions.
		All monopolies in any known trade or manufacture are an invasion of these privileges, for they encroach upon the liberty of citizens to acquire property and pursue happiness, and were [p102] held void at common law in the great Case of Monopolies, decided during the reign of Queen Elizabeth.
	biotech.law.lsu.edu /cases/pp/slaughterhouse.htm (14118 words)

	From Revolution to Reconstruction: Documents: Slaughter-House-cases
		Macaulay proceeded to say that the Queen's reign was in danger of a shameful and disgraceful end, but that she, with admirable judgment, declined the contest and redressed the grievance, and in touching language thanked the Commons for their tender care of the common weal.
		Monopolies concerning wine, coal, salt, starch, the dressing of meat in taverns, beavers, belts, bone-lace, leather, pines, and other things, to the gathering of rags, are referred to in this speech.
		Many State constitutions have denounced monopolies by name, and it is certain that every species of exclusive privilege is an offence to the people, and that popular aversion to them does but increase the more largely that they are granted.
	odur.let.rug.nl /~usa/D/1851-1875/slaughter/sc_case.htm (4133 words)

	Slaughter-house Cases (83 U.S. 36)
		All monopolies in any known trade or manufacture are an invasion of these privileges, for they encroach upon the liberty of citizens to acquire property and pursue happiness,and were held void at common law in the great Case of Monopolies,decided during the reign of Queen Elizabeth.
		This is a case whose subject matter had to handle explicitly the relationship between the Privileges or Immunities Clause of the Fourteenth Amendment and the subject matter of the Bill of Rights; Slaughterhouse had not involved a subject matter of the Bill of Rights.
		To bring a case within the operation of that statute, it must appear that the right the enjoyment of which the conspirators intended to hinder or prevent was one granted or secured by the constitution or laws of the United States.
	www.law.duke.edu /publiclaw/supremecourtonline/editedCases/sla.html (11036 words)

	Government and Microsoft: a Libertarian View on Monopolies
		Indeed, the notion of monopoly that is now used by governments and statist propaganda is quite different from the notion of monopoly that libertarians have used for centuries, when defining their stance.
		The rent is precisely what motivates the monopoly to begin with — theorists of patents, tariffs, monopolies, state subsidies, and all other kinds of protectionist and mercantilist policies use the incentive created by this very rent as the ultimate pseudo-utilitarian economic justification for their monopolies.
		However, law could hardly do that, since monopolies usually result in losses to the public and to the monopoly; and indeed, what we often see is massive direct and indirect subsidies from government in favor of its protected monopolies, to keep them going, rather than taxes away from them to repay for the damages done.
	fare.tunes.org /liberty/microsoft_monopoly.html (12207 words)

	Brief Amicus Curiae, Eldred v. Ashcroft
		The question is whether there is anything in text or history rendering constitutionally objectionable the eleven extensions of the monopoly term in the last forty years, resulting in a virtual cessation of enlargements to the public domain, capped by the statute before the Court, which postpones the reversion on every single existing copyright for decades.
		But the Court of Appeals acknowledged, as it must, that this Court's cases show clearly that Congressional power is indeed limited by the Copyright Clause, and so its effort is bent to the disintegration of a single phrase of twenty-seven words, directed at showing that the first nine are somehow constitutionally irrelevant.
		It is sufficient to point out that such a principle for the award of copyright monopolies conflicts with the constitutionally mandated requirement of originality: Congress cannot elect to preserve books, films, or music by conveying to the conservator a statutory monopoly of copying and distribution lasting decades.
	emoglen.law.columbia.edu /publications/eldred-amicus.html (3569 words)

	Sears, Roebuck & Co. v. Stiffel Co. (1964)
		When a patent expires the monopoly created by it also expires, and the right to make the article, including the right to make it in precisely the shape it carried when patented, passes to the public.
		The question in this case is whether a State's unfair competition law can, consistently with the federal patent laws, impose liability for or prohibit the copying of an article which is protected by neither a federal patent nor a copyright.
		The other Illinois case on which the Court of Appeals relied was a mandamus action which held that under an Illinois statute a corporation was properly denied registration in the State when its name was "deceptively similar" to that of a corporation already registered.
	www.law.uconn.edu /homes/swilf/ip/cases/sears.htm (2608 words)

	Failure of PSU monopolies
		The argument in favour of competition is not that competition leads to optimal and monopoly to inoptimal outcomes as Srinivasa-Raghavan seems to argue.
		Most of the public utilities such as metro and electricity are provided by public sector monopolies and they are doing very well in all the parameters of price, quality and supply (electricity tariffs in France are said to be the lowest in Europe).
		When public sector monopolies could not do much in 50 years, expecting the regulated private companies, which still operate in a controlled competitive environment to succeed immediately is too much.
	www.rediff.com /money/2005/apr/21guest.htm (878 words)

	Electronic Resources
		The Argument of the Lord Chief Justice of the Court of King's Bench concerning the great case of monopolies, between the East-India Company, plantiff, and Thomas Sandys, defendant : wherein their patent for trading to the East-Indies, exclusive of all others, is adjudged good
		The Case of the booksellers and printers stated : with answers to the objections of the patentee
		The Case of the English-Company trading to the East-Indies : erected in pursuance of an act of Parliament for raising two millions, and for settling the said trade
	sunzi1.lib.hku.hk /ER/search.jsp?the_key=Monopolies&the_field=sb&the_lang=a (825 words)

	Making the case for gambling monopolies in Europe
		To anybody familiar with the marketing campaigns of the European gambling monopolists, there would appear to be little doubt that they do not engage in limiting gambling opportunities in a consistent and systematic manner.
		The Authority said that it was not convinced that the monopoly was necessary in order to prevent gambling addiction or under-age gambling, to control software, to introduce new regulations more quickly, or to combat crime.
		Finally, the explicit aim of the new monopoly holder is to increase the number of gaming machine players.
	www.bettingmarket.com /euromonopol110099.htm (728 words)

	Monopolies Versus the Free Market, Part 2 (Site not responding. Last check: 2007-10-13)
		Monopoly law has no answer for these questions other than to invoke the repeated phrase “restraint of trade.” In fact, the history of federal regulation of trusts is a strange one.
		For example, in the Case of the Monopolies of 1602, a British court ruled that an exclusive monopoly conferred by Queen Elizabeth for the manufacture of playing cards was against the common law, which protects freedom of trade and liberty of the subject.
		It isn’t just the state monopoly itself that is the problem; it is also the friends in high places that ensure that state monopolies go on and on.
	www.fff.org /freedom/fd0610e.asp (2581 words)

	Economic Liberty and the Constitution, Part 4 (Site not responding. Last check: 2007-10-13)
		The case, which became known as the Slaughterhouse Cases, is one of the most famous legal cases in the history of the Supreme Court.
		The monopolists defended the law by claiming that under our system of government the state of Louisiana had the power to grant the monopoly under its “police powers,” that is, the traditional powers of state sovereignty that the state used to promote the “health, safety, and welfare” of the citizenry.
		In enacting the monopoly law, the state of Louisiana was simply doing what France and other European countries had done for centuries — using the power of the state to give special privileges to some at the expense of others.
	www.fff.org /freedom/fd0209a.asp (1694 words)

	Public Citizen \| Global Trade Watch \| Global Trade Watch - MAI DRAFT TEXT OF 1997: III. TREATMENT OF INVESTORS AND ...
		As in the case of monopolies, there is also a link with the room of manoeuvre the Contracting Parties would have in regard to the lodging of country specific reservations/exceptions: precautionary reservations would be necessary.
		A large majority of delegations considered that the provisions of the Monopolies article should apply to government-designated monopolies at all levels of government and not be limited to those designated by central governments.
		One delegation suggested that governments should keep control over the dispute settlement process because the disputes that may arise between government-designated monopolies and foreign investors are most likely be a function of the manner in which these monopolies are regulated than to their own behaviour.
	www.citizen.org /trade/issues/mai/Text/articles.cfm?ID=6115 (5382 words)

	The Truth About Monopolies
		The worst monopoly of all (everyone complains about it in whichever country you care to name) is the government monopoly to extract revenue from its citizens.
		In every country in the world the elimination of monopoly positions has dramatically improved the performance of the incumbent organisation and provided consumers with choice.
		In every case where monopolies are allowed to exist the public is denied choice and are worse off.
	www.news.vu /en/news/newscolumns/060526-Business-Observer-The-Truth-About-Monopolies.shtml (1439 words)

	The Technology Liberation Front: Against Platform Monopolies: Introduction
		I wrote that paper assuming that it would be obvious that platform monopolies are a bad thing.
		I bought it, didn't sign a contract, thus it is mine to use in anyway that isn't expressly illegal under the law.
		Posted by: MikeT at July 17, 2006 8:59 AM I think the populist case against platform monopolies goes beyond carping over excess profits.
	www.techliberation.com /archives/040186.php (1662 words)

	part2secs2-3
		Concerning the coverage of purchases of monopoly goods and services in paragraph c), the desirability of excluding procurement transactions covered by the GATT Agreement on Government Procurement (GPA) was not disputed, but it remained unclear what remaining procurement practices would be captured by the MAI as a result of this exclusion.
		The desirability of introducing a notification requirement for existing and new monopolies was found by some delegations to be closely related to the issue of country-specific reservations/exceptions and to a MAI article on Market Access.
		In cases where the investment consists in total or in part of shares, the rights of the shareholders, if an expropriation takes place, have to be defined.
	multinationalmonitor.org /mai/six.html (11184 words)

	[No title]
		New monopolies, known as software patents and interface copyrights, have taken away our freedom of expression and our ability to do a good job.
		The League works to abolish the new monopolies by publishing articles, talking with public officials, boycotting egregious offenders, and in the future may intervene in court cases.
		To determine the existence of, and warn the public about restrictions and monopolies on classes of computer programs where such monopolies prevent or restrict the right to develop certain types of computer programs.
	lpf.ai.mit.edu /Links/prep.ai.mit.edu/lpf.join (668 words)

	eHomeUpgrade Forums - View Single Post - It's Time to Expand Consumer Rights to DRM
		In most cases, businesses did not create the media forms themselves, either a 3rd party like IEEE, or a group of companies agree to the standard.
		Please correct me if my history is wrong, but I don't think the government has been involved in any of these except in the case of monopolies.
		In the current case, only looking at audio, companes are coming up with their own variations of mp3 with some DRM attached, they can only be used in limited scenarios.
	www.ehomeupgrade.com /forums/showpost.php?p=1938&postcount=4 (509 words)

	ThoughtStorms: GeorgeSoros
		I insist that there is no point in applying moral judgments to decisions that have no outcome -- and that is the case regarding the social effects of individual investment decisions.
		But, as Dodgeson points out, in the case of monopolies and oligopolies, individual decisions do affect the market price.
		We normally only think of monopolies and oligopolies as "bad" agents.
	www.nooranch.com /synaesmedia/wiki/wiki.cgi?GeorgeSoros (468 words)

	Booman Tribune ~ A Progressive Community
		Unfortunately, a number of companies whose business models are built on making communication as difficult, slow, troublesome, and expensive as possible are now looking for ways to kill the goose that laid the golden (but radioactive) egg.
		As detailed by the Boston Globe, a number of large telecom monopolies are attempting to use their monopoly over residential ISPs to destroy the end-to-end principle.
		They want to be able to abuse their monopolies to charge more for others to move large quantities of data quickly over their network.
	www.boomantribune.com /story/2005/12/13/14488/438 (1146 words)

	::: TheNetwork for Consumer Protection in Pakistan ::: (Site not responding. Last check: 2007-10-13)
		They must also be protected from misleading or inaccurate publicity material, whether included in advertising, labeling, packaging or by any other means.
		The Right to Choose means the right to have access to a variety of products and services at competitive prices and, in the case of monopolies, to have an assurance of satisfactory quality and service at a fair price.
		The Right to Be Heard means the right to advocate consumers’ interests with a view to their receiving full and sympathetic consideration in the formulation and execution of economic and other policies.
	www.thenetwork.org.pk /rights.htm (515 words)

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