Courts’ decisions in anti-trust cases have invoked a fear that a particular growing business is an “incipient” monopoly. In one landmark case before the U.S. Supreme Court, a merger between the Brown Shoe Company and Kinney shoe stores was broken up because Brown’s acquisition of the Kinney chain—which sold one percent of the shoes in America—would “foreclose” that market to other shoe manufacturers, beginning the process of creating a monopoly which had to be stopped in its “incipiency.” By such reasoning, the fact that the temperature has risen ten degrees since dawn means that we are all
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