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Such as the case of two major players in the entertainment community of Sirius and XM who both have a majority of the marketplace in the satellite radio business and their talks of consolidating both businesses into one. This article on Ars Technica (Lasar, 2008) expands on the idea that these corporate entities should not be allowed to merge into one corporation, but above that should also be fined for even considering the idea in back rooms and locked boardrooms. Using the model case of the Sherman Anti-Trust act in Standard Oil, the corporation floated around having anywhere between eighty five percent and ninety five percent. With those numbers, XM and Sirius would fall into the numerical category of filling that condition of a monopoly.
Since this debate still rages on, many people argue both sides of the story of the pros and cons. Many would argue that not breaking up monopolies actually increase the competition of companies that are attempting to break into some of the market share that the monopoly already has, more so than the free market that exists now. Proponents of the Sherman Anti-Trust act argue that “absolute power corrupts absolutely” (Martin, 1996) as originally quoted by Baron Acton. The idea that no competition within the business world establishes no risk and reward that is all part of the entrepreneur spirit of the U.S. spirit.
The U.S. constitution and the Sherman Anti-Trust act has very little to do with laws but more so to eliminate the concept of no competition. If the merger between XM and Sirius was approved, it would be allowing two large corporate entities that have already established a large portion of the customer base within their field of expertise.
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"Sirius and XM Satellite Radio as a Monopoly." 123HelpMe.com. 25 May 2019
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It is still unclear whether or not the federal government will eventually approve the merger between the two corporations of XM and Sirius is still in appeal after numerous trials and hearings have been held. Constitutionally speaking, the merger is clearly in violation of the Sherman Anti Trust act. Then again, the main argument against this breach is the fact that this act in the Constitution was breaking up a gigantic entity such as oil (or future disputes of this act; transportation, entertainment and gaming) and not concentrating on such a small subset of an industry. For example, if Microsoft and Apple were to announce that they were merging their companies together they clearly would not be allowed to move forward with the transaction as the computing manufacturing industry is booming, extremely lucrative and above all a proven medium. The merger still has a lot of steam left in it’s case so it is by no means dead in the water but it clearly needs to focus on the fact that their industry is unproven and not similar to industries that manufacture or create goods like the oil industry.
Lasar, Matthew (2008, June 8). Coalition demands XM/Sirius pay millions for swindling FCC. Ars Technica, Retrieved June 8 2008, from http://arstechnica.com/news.ars/post/20080608-coalition-demands-xmsirius-pay-millions-for-swindling-fcc.html
Martin, Gary (1996). Power Corrupts. Retrieved June 8, 2008, from Power Corrupts Web site: http://www.phrases.org.uk/meanings/288200.html
monopoly. (n.d.). Dictionary.com Unabridged (v 1.1). Retrieved June 09, 2008, from Dictionary.com website: http://dictionary.reference.com/browse/monopoly
Sherman Anti Trust Act. (2001). In Wikipedia [Web]. San Fransisco: Wikipedia. Retrieved June 8 2008, from http://en.wikipedia.org/wiki/Sherman_Antitrust_Act