Download The Microsoft Case: Antitrust, High Technology, and Consumer by William H. PDF

By William H.

ISBN-10: 0226644634

ISBN-13: 9780226644639

ISBN-10: 0226644642

ISBN-13: 9780226644646

In 1998, the USA division of Justice and kingdom antitrust enterprises charged that Microsoft was once monopolizing the marketplace for laptop working systems.  greater than ten years later, the case remains to be the defining antitrust litigation of our era.  William H. web page and John E. Lopatka’s The Microsoft Case contributes to the talk over the way forward for antitrust coverage by way of interpreting the consequences of the litigation from the viewpoint of buyer welfare.  The authors hint the improvement of the case from its conceptual origins throughout the trial and the foremost judgements on either legal responsibility and remedies.  They argue that, at serious issues, the felony approach failed shoppers by means of overrating government’s skill to persuade results in a dynamic marketplace. This formidable publication is key interpreting for enterprise, legislations, and economics students in addition to somebody else attracted to the ways in which know-how, economics, and antitrust legislations have interacted within the electronic age. “This ebook turns into the optimum for research of the monopolization circumstances opposed to Microsoft. . . . No critical pupil of legislation or fiscal coverage should still cross with out studying it.”—Thomas C. Arthur, Emory University   (20071228)

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Additional resources for The Microsoft Case: Antitrust, High Technology, and Consumer Welfare

Sample text

If the browser with Java were really a substitute for Windows, then all comparable platforms would be competitors, and Microsoft’s account of itself as under constant threat of annihilation from any direction would be plausible; if Netscape/Java were not a substitute even in prospect, then there was no middleware threat, and the account of consumer harm would be weakened. But if Netscape and Java are only partial substitutes, then they (and other middleware) may be disregarded in calculating Microsoft’s monopoly power in the market for operating systems, yet still be considered a “nascent” threat to that monopoly power worthy of antitrust protection.

Difficult as it is for libertarians to accept, Microsoft has defenders CHAPTER ONE 32 among scholars who have no personal interest in protecting inefficient firms. One should not infer from our account of the extensive and well-organized lobbying campaign of contacts by rivals that the government’s eventual decision to sue was made to serve rivals’ interests. Multitudes of unhappy rivals of successful firms mount similar campaigns and almost always fail. The Antitrust Division staff must sift through thousands of complaints each year, and they select only a few for prosecution.

Of course, a regulator’s own self-interest may influence his or her concept of the public interest. An assistant attorney general, for example, may initiate a “campaign” not simply because he or she believes the practice at issue is most harmful to consumers, but because it is theoretically interesting or innovative, or because it adds a memorable signature to his or her tenure as head of the Antitrust Division. The Microsoft case is certainly theoretically interesting. It rested on a new and exciting economic theory that was the height of fashion in legal scholarship.

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