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It follows that the proposal itself created a dangerous probability of that result.
Microsoft has "attempted to monopolize the Web browser market and there is a "dangerous probability that Microsoft will attain monopoly power" in that market.
Although the dangerous probability was no longer imminent with Netscape's rejection of Microsoft's proposal, "the probability of success at the time the acts occur" is the measure by which liability is determined.
The court is nonetheless compelled to express its further conclusion that the predatory course of conduct Microsoft has pursued since June of 1995 has revived the dangerous probability that Microsoft will attain monopoly power in a second market.
To establish a Sec. 2 violation for attempted monopolization, "a plaintiff must prove (1) that the defendant has engaged in predatory or anticompetitive conduct with (2) a specific intent to monopolize and (3) a dangerous probability of achieving monopoly power".
There is a dangerous probability that Microsoft can and will achieve a monopoly in the market for Internet browser software through the actions complained of by the plaintiff states.
Similar(47)
To the extent the Court of Appeals dispensed with a requirement that there be a dangerous probability of success in monopolizing a second market, it erred, Spectrum Sports, Inc. v. McQuillan, 506 U.S. 447, 459 (1993).
The risk of violating the climate window and therefore increasing the probability of dangerous climate change must only be considered seriously, if CCS is used at large-scale.
This paper addresses the modeling of probability of dangerous failure on demand and spurious trip rate of safety instrumented systems that include MooN voting redundancies in their architecture.
The objectives to optimize are the Average Probability of Dangerous Failure on Demand, which represents the system safety integrity, the Spurious Trip Rate and the Lifecycle Cost.
The first part of the article is devoted to the development of a time-dependent probability of dangerous failure on demand model with capability of handling MooN systems.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com