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Against Monopoly

defending the right to innovate

Monopoly corrupts. Absolute monopoly corrupts absolutely.





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Wal-Mart plays the thug over Black Friday prices

RANDALL STROSS at the NYTimes reports big retailers like Wal-Mart are claiming that their pricing is trade marked, although the courts have already ruled that it is not link here. Still Wal-Mart has threatened to sue a small blogger who posts Black Friday prices to help consumers make rational choices ahead of the big pre-Christmas sale-day. He has removed the store's data from his site as he doesn't have the money to fight in court. But there are plenty of other sites that will post them. And some retailers like Best Buy apparently think the site is valuable free advertising.

Can we find a way to stop the use of illegal charges to start suits designed only to intimidate?


Comments

One way to make these suits less attractive is to allow the other party to couple their claims to the same suit. (It's my understanding that in US the other party has to counter-suit for frivolous suit or something like that). Instead, the plaintiff could just state in the suit that this case is frivolous and require big compensation for that. This coupling would make counter-suits the norm and might discourage frivolous suits.

So what would be the problems with such tight coupling?


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