Apple Argues That It Is Not a Monopoly

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Apple Argues That It Is Not a Monopoly

 

Apple has asked the court hearing its suit against Psystar to toss out Psystar's counterclaim that Apple is in fact a monopoly, arguing that Psystar's own arguments acknowledge that fact.

 

The motion to dismiss, filed on Sept. 30, argues that Apple can not be considered a monopoly, based in part upon ads that Psystar and others have run characterizing the Apple Macintosh line as just one product in a sea of PCs.

 

If this is true, Apple argued, then the company should not be compelled to assist its competition by allowing what are essentially Apple clones to be sold.

 

In August, Psystar charged Apple with restraint of trade, unfair competition and other violations of antitrust law in a 54-page complaint filed in the Northern California Division of the United States District Court. Apple originally filed suit in July after Psystar began selling its "Open Computer," which many considered to be an Apple clone.

 

In its counterclaim, Apple said that Psystar had undermined its own claim by citing Apple's campaign as evidence. "Purchasers have concluded Apple's Mac is better than Windows-based PCs," Apple said. "And, yes, as Psystar asserts, some Windows-based PCs are less expensive for that reason. But, that is the very essence of competition involving quality and price!"

 

"In direct contradiction to Psystar's claimed Mac-only market, Psystar admits that 'a seemingly infinite list of manufacturers may be found in the computer hardware system marketplace,'" Apple added.

 

Apple asked the court for the charges to be dismissed based upon those arguments. Any more, Apple argued, and the company would be forced to prop up a competitor.

 

"[T]he ultimate goal of Psystar's Counterclaims is an order from this Court compelling Apple to help competitors, like Psystar, by forcing Apple to license its proprietary software to those competitors for use on their own computer hardware," Apple argued. "Psystar's effort is contrary to law and must rejected. Neither the federal nor the state antitrust laws require competitors to stop competing with, and instead to start helping, each other."

 

The notice to dismiss will be filed on Nov. 6 "or as soon thereafter as the matter can be heard," Apple said.

 

Source(s): http://www.pcmag.com/article2/0,2817,2331585,00.asp