🚀 go-pugleaf

On Tue, 14 Apr 1998, Russell Nelson wrote:

> Everyone discriminates all the time.  You chose a long-distance
> company, correct?  You're discriminating against all the companies you
> didn't choose.  Maybe Intel views its technical information as a
> valuable asset which it need not merely give away for free?  Forcing
> Intel to do so is an unconstitutional taking.

The argument lies less with the court order than whether this is an
appropriate application of the Doctrine of Essential Facility, in other
words, did Intel's practices hinder competition in other, dependent,
industries? If the doctrine has been applied, correctly, then the court
does have the authority to whatever action it deems necessary to restore
competition (subject to appeal, of course).

By the way, this concept dates back to the Sherman Act (1890)> I don't
think that there was a "beltway" then :-)

Sean