That is the provocative question raised in this report by James B. Stewart in today’s New York Times. The Times’ report notes that Steve Jobs, the co-founder of Apple, was the “driving force” in a conspiracy to prevent competitors from poaching Apple employees, a felony under Section 1 of the federal Sherman Antitrust Act. So, why were charges never brought against Mr Jobs? Also, why did Jobs risk prosecution under the Sherman Act in the first place? (You may find some possible answers to these questions here, where we develop a formal “risk-regulation” model.)
Above the law, or just lucky?