Sherman`s Antitrust Essays - Competition Law,

Sherman`s Antitrust Whilst approaching the Twenty-first Century, America has taken significant strides in the advancement of high technology. With the unveiling of this new frontier comes continued innovation and government regulation. One aspect of the government in particular, the Sherman Anti-Trust Act of 1890, has impeded the progress of exploration into this new field; for the effectiveness of government is a nefarious hindrance to the efficiency of technology. Thus comes the age old question of who governs and to what ends. As a solution government should adopt a more Adam Smith approach to the regulation of high technology; the Sherman Anti-Trust Act should be amended by the legislature to allow more leeway for the technological and dynamic computer industry. The result of such an amendment, especially in a world economy such as ours, would allow American computer companies to thrive and compete with foreign companies as well as lead the way into the technological future of the Twenty-first Century. In the age of reform as a result of public sentiment, Congress passed the Sherman Anti-Trust Act of 1890, named for Senator John Sherman. The one hundred and eight year old Sherman Act forbids monopolizing a market or engaging in any "restraint of trade." Today "unlawful restraints" fall under three categories: 1) having too large a market share; 2) tying the sale of one product to another; 3) predatory pricing. For the past century the federal government has been pursuing a populist attack on big businesses--RCA, U.S. Steel, IBM, AT&T, Brown Shoe, A&P, etc. Most of the companies were ahead of their time and their competitors allowing them to become a successful, albeit big, businesses; however, due to government intervention and anti-trust investigation on the basis of the outdated Sherman Act, many of these cutting edge businesses were hindered in their progress for success. The market became a better trustbuster than the Department of Justice, maybe even better than big-stick, trust-busting Teddy Roosevelt. In 1969 the International Business Machines Corp. dominated the market with a 65% share of the computer industry. As a result of this success, the U.S. government sued IBM for having too large a market share and demanded the company be dismantled. As the "effectiveness" of government and the Sherman Anti-Trust Act were played out in the courts the advancement of technology increased significantly with new companies sprouting up (i.e. Intel, Microsoft). After the battle between IBM and the Justice Department was dropped in 1982, 13 years later, the fiercely dynamic computer industry had already checked the growth of IBM and the once monolithic enterprise was now headed into troubled waters. Another prime example is General Motors, who although were never investigated by the government for anti-trust, always had the fear of encountering the trust problem if they were too successful. Consequently automobile technology and manufacturing in America remained dormant while the Japanese in the 1980s rocked the American market. The current mammoth corporation under the Justice Department anti-trust microscope is Microsoft. This software oriented company stands accused of tying the sale of one product to the sale of another (Microsoft operating system and Internet Explorer) and predatory pricing. The following table illustrates the historic timeline of Microsoft verses the United States government. August 1993 The Justice Department begins investigating Microsoft's business practices. October 1994 Microsoft announces plans to buy Intuit, developer of Quicken, the leading personal finance program. When the Justice Department sues to block the acquisition, Microsoft calls off the deal. June 1995 Court upholds the Justice Department/Microsoft consent decree. Microsoft agrees not to tie the licensing of Windows to the licensing of other applications, but retains the right to develop "integrated products." September 1996 The Justice Department begins investigating Microsoft's bundling of Internet Explorer with Windows 95. April 1997 Justice Department investigates Micorsoft's plan to buy WebTV Networks; later allows deal to go forward. August 1997 Justice Department reviews Microsoft's investment in Apple Computer. October 1997 Department charges that by requiring computer vendors to load Internet Explorer on all systems, Micosoft is in violation of the 1995 consent decree. December 1997 U.S. District Court Judge Thomas P. Jackson orders that the "tying" of IE 4.0 to Windows be temporarily halted. Microsoft appeals. On December 11, 1997, Judge Jackson's ruling against Microsoft could forever alter the technological landscape. If the United States government were to succeed in its efforts it would establish a risky precedent: governmental meddling in software development. In his testimony to Congress, Mr. Gates asked members of the Senate Judiciary Committee, "Will the United States continue its breathtaking technological advances? I believe the answer is yes--if innovation is not restricted

Essay Sample on Odyssey by Homer The Basis of Greek Culture

Essay Sample on Odyssey by Homer The Basis of Greek Culture When we talk about epic poems, no other piece of literature finds as spectacular a position in the Greek Culture as do The Iliad and The Odyssey. Being the author of both these classic works, Homer has influenced the ancient Greek civilization more profoundly than Shakespeare has influenced English literature. â€Å"These two epics provide the basis of Greek education and culture throughout the classical age and form the backbone of humane education down to the time of the Roman Empire and the spread of Christianity.† (Encyclopedia Britannica 2005). The Odyssey consists of twenty-four books, and is a sequel to the Iliad. The story of the Odyssey starts when Troy has been destroyed and the Trojan War has come to an end. It creates a new epic with the adventure story of the Greek hero Odysseus who is struggling to go back to his home after the Trojan War. His journey combines hopes and hopelessness, loyalty and disloyalty, hospitality, vengeance, intelligence, experience, and what it means to be mortals and to be gods. During his entire journey, the gods play an important role. Interestingly, sometimes some of the gods help him, and sometimes some of the gods, like Poseidon, who are not happy with him, create trouble for him. Thus, his journey becomes a matter of argument between the gods. In the absence of Odysseus, some thousand suitors have forcefully entered his palace in Ithaka, and are courting his wife Penelope. His son Telemakhos finds himself helpless. The goddess Athena comes for help in disguise and urges him to go in search of his father. (Trans. Robert Fitzgerald, Book I-IV). Meanwhile, she helps Odysseus to release him from the eight-years long prison in the island of a beautiful goddess, Kalypso. The sea god Poseidon, who is angry because Odysseus had once blinded his son Polyphemus, interrupts Odysseus’ voyage by bringing up a storm. Somehow, with the help of Athena he arrives at Phaiakians, and sweet talk their princess, Nausikaa, into helping him. He gets a warm hospitality there, and before leaving tells them the story of his adventures. (Trans. Robert Fitzgerald, Book V-VIII) In flashback, we come to know that how after the Trojan War, Odysseus and his men suffered during their way back to home, and how his voyage took him to all over the Greek world from one island to another. First, at the hands of Kikones on the island of the Lotos eaters. Then, at the hands of kyklops Polyphemus who ate up many of his men before Odysseus blinded him in order to escape from there. It was here that his personal war with the sea god Poseidon had started. Their next stop was an island of man-eaters monsters. Somehow, Odysseus again managed to escape with his men. On the next island, the goddess Kirke turned his men into pigs, but with the help of the god Hermes, Odysseus became Kirke’s lover, metamorphosed the pigs into men again, and stayed on that island for one year. Next, they landed at the island of Helios, where as per the prophecy of the blind seer Teiresias, all of them except Odysseus were drowned in the sea by a storm. Finally, Odysseus reached Kalypsoâ⠂¬â„¢s island. (Trans. Robert Fitzgerald, Book IX – XII) After telling the story of his adventure, Odysseus, finally, leaves Phaiakians and with Athena’s help arrives at Ithaka in the disguise of a beggar. Athena, then, helps Telemakhos to come back and avoiding the suitor’s ambush he reunites with his father. Odysseus, now, makes a plan to teach a lesson to the suitors. As per the plan he reveals his identity only to his son and his loyal swineherd Eumaios. (Trans. Robert Fitzgerald, Book XIII – XVI) In the same disguise of a beggar Odysseus reaches his palace and analyze the situation, while the suitors and some of his old but disloyal servants treat him badly. He finds that Penelope has been a faithful wife, while Penelope doubts him as she finds some resemblance between the beggar and his supposedly dead husband. She organizes a shooting competition for the suitors with his husband’s great bow. (Trans. Robert Fitzgerald, Book XVII – XX). Odysseus participates, and wins the contest. Then, in the climax, he kills the leader of the suitors, Antinoos, and finally reveals his identity to all following the massacre of the majority of the suitors. Odysseus reunites with his wife and son, and with them visits his father, Laertes. There, an army of the suitors, lead by Antinoos’ father attacks them. Laertes kills the leader. But, before the battle could proceed, gods interfere and order peace between the two sides. (Trans. Robert Fitzgerald, Book XXI – XIV).