Antitrust, High Technology, and Consumer Welfare
Author: William H. Page,John E. Lopatka
Publisher: University of Chicago Press
In 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems. More than ten years later, the case is still the defining antitrust litigation of our era. William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare. The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies. They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age. “This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University
Competition Policy for the Twenty-first Century
Author: Andrew I. Gavil,Harry First
Publisher: MIT Press
A comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age.
A Documentary and Reference Guide
Author: Gilbert Geis
Category: Political Science
This reference guide documents white-collar crimes by individuals and businesses over the past 150 years, offering the most comprehensive array of documents and interpretations available. • Provides dozens of court documents, legislative hearing transcripts, muckraking articles, and accounts of crooked behavior in the upper echelons of power • Contains numerous photographs that illustrate the subject material • Includes a bibliography in each section that directs readers to supplementary sources
Author: Brendan J. Sweeney
Category: Business & Economics
The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. The purpose of this book is to investigate in some depth whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. The book takes examples from existing competition laws around the world, in particular the US and the EU both of which have a long history of enforcing established competition rules.
Microsoft's ''Secret Power Broker'' Breaks His Silence
Author: Joachim Kempin
Publisher: Xlibris Corporation
Category: Business & Economics
This is the story of a German-born executive, JK, who immigrated to the United States to aid Bill Gates and Steve Ballmer, Microsofts top honchos to build a commanding software empire. He led Microsofts OEM division that was responsible for sales to PC manufacturers, and drove the deals that made Microsoft Windows the worlds dominating operating system. Find out how much resolve, fortitude, and perseverance were needed to make that part of the PC revolution come true; what strategies were employed to win the Internet browser war; how IBM was beaten; what drove Apple to the brink of disaster; and how shady politicians and hapless competitors eventually goaded the Feds to ensnare Microsoft in a web of antitrust accusations. Peek behind the curtain and be the first-ever outsider to glimpse into Microsofts power nexus. Understand how Microsofts nearly mystical marketing shrewdness and tech prowess are intensely propelled by paranoia and fear of missing the next computing paradigm shift. The press labeled JK Bill Gatess enforcer. No wonder he was called upon as a pivotal antitrust trial witness to defend what loathing competitors labeled Microsofts evil empire. Follow what experts believe was the most protracted, and fierce trial of the century. Relive the courtroom drama, and read the authors critical analysis of the judicial proceedings and their aftermaths. Losing that trial partially started Microsofts demise, and power struggles from within quickened it. Get to know the real forces that altered Microsofts resolve-and fortitude-dominated leadership style. Find out if Windows 8 could be an inflection point, conjuring enough magic to ring in a renaissance and attract the Facebook generation to a born-again modern Microsoft.
Reflections on the Upper Crust
Author: Darrell M. West
Publisher: Brookings Institution Press
Category: Political Science
Meet the Billionaires: the 1,645 men and women who control a massive share of global assets worth $6.5 trillion. Darrell West reveals what the other 99.99998% of us need to know. With rich anecdotes and personal narratives, West goes inside the world of the ultra wealthy. Meet U.S. billionaires such as Sheldon Adelson, Michael Bloomberg, David and Charles Koch, George Soros, Tom Steyer, and Donald Trump—as well as international billionaires from around the globe. The growing political engagement of this small supra-wealthy group raises important questions about influence, transparency, and government performance, and West lays bare the wealthification of politics, including: • How billionaires can block appointments and legislation they don't like • Why the supra-wealthy moved into policy advocacy and referenda at the state level • Why billionaires run for office in more than a dozen countries around the world
International Antitrust Law & Policy
Category: Antitrust law
A Stark Attenuation of the Exceptional Circumstances Test and the Application of an Inappropriate Tying Test
Author: Veronica Hagenfeldt
Publisher: GRIN Verlag
Master's Thesis from the year 2009 in the subject Law - Media, Multimedia Law, Copyright, grade: Distinction, University of Edinburgh (School of Law), course: Master Thesis in the LLM in European Law Programme, language: English, abstract: In what has been described as the most important competition law case in EU history the CFI upheld the Commission’s finding that Microsoft was guilty of committing two infringements of EC competition law: illegitimately to have refused to supply intellectual property (IP) protected interoperability information to competing workgroup server operating systems (WGSOS), and to have performed an illegal tie of its Windows Media Player (WMP) to its dominant operating system. Microsoft has been labelled “the biggest encroachment on intellectual property in European competition law history” and it is accused of hampering innovation and interfering with beneficial product integration by applying an anachronistic form-based tying test. In the opinion of the author the Judgment is an esoteric masterpiece of obfuscation that despite its considerable volume does little to provide legal certainty regarding the conditions under which compulsory licensing of IP rights (IPRs) will occur, or when technical integration will be deemed legal. Microsoft is of ever-increasing relevance for legal academics and undertakings alike for several reasons: First, since it is the most high profile ruling on the two most controversial issues within EC competition law – compulsory licensing of IPRs and tying – the Judgment will be a fundamental point of reference, especially amid claims that competition authorities’ concerns regarding the acquisition and use of IPRs are increasing and that legitimate worries of IP owners (IPOs) are accordingly engendered. Second, high tech markets are increasingly important to consumers and to the global economy, and Microsoft is the “focal point for the ongoing debate about the future direction of the software business” because it concerns all dominant high tech undertakings. Third, Microsoft was concluded in the light of the Lisbon Agenda, where the EU officially acknowledged IP protection’s paramount importance in generating the innovation necessary for economic progress. The Lisbon Agenda has lead to clarion calls for the improvement of the IP environment in Europe, and for innovation considerations to take more prominent part in competition law analysis. Yet this dissertation shows that the opposite regrettably occurred in Microsoft, where IPRs were essentially deprived of their use as a result of an indefensible weakening of the exceptional circumstances test. [...]
Category: Academic libraries
Economic versus Legal Concepts in Pursuit of (Consumer) Welfare
Author: Andrej Fatur
Publisher: Bloomsbury Publishing
Competition policies have long been based on a scholarly tradition focused on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have led to significant advances, moving beyond traditional static models and a preoccupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the field of information and communication technology (ICT) network industries where competition centres on network effects, innovation and intellectual property rights, and where the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is contemplated, a number of considerations that arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of the ICT industries in the light of the findings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of the most common competitive harms in this area, such as non-price predatory practices, tying and bundling, co-operative standard setting, platform joint ventures and co-operative R&D.
Technology, Innovation, and Antitrust Issues
Author: Jerry Ellig,Jerome Ellig
Publisher: Cambridge University Press
Category: Business & Economics
Scholars explore antitrust issues as these relate to dynamic industry competition and public policy.
Author: Katalin Judit Cseres
Publisher: Kluwer Law International B.V.
The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.
Author: Joel Brinkley,Steve Lohr
Publisher: McGraw-Hill Companies
Category: Business & Economics
An account of the landmark antitrust case chronicles the investigation of Microsoft, examines the key events and personalities of the trial, and discusses the impact of the verdict.