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Hastings Law Journal

Authors

Alicia Ginsberg

Abstract

Congress enacted the Sherman Act in 1890 to promote competition and creativity in the marketplace. The Sherman Act prohibits agreements that restrain trade and lays out rules regarding monopoly power. This Note explores three distinct theories under which Google, one of the most successful technology companies in the world, could be found to have violated the Sherman Act. Specifically, in violation of Sections 1 and 2 of the Sherman Act, Google “ties” its products together and forces mobile device manufacturers to sign exclusive dealing agreements preventing them from purchasing products from Google’s competitors. Further, Google’s systematic obstruction of competing Android operating systems is a form of anticompetitive conduct in violation of Section 2 of the Sherman Act. This Note argues that Google is indisputably leveraging its market power to restrain trade and maintain its monopoly in various relevant markets.

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