The Microsoft Case: Antitrust, High Technology, and Consumer Welfare

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

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The Microsoft Case: Antitrust, High Technology, and Consumer Welfare

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

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The Microsoft Case: Antitrust, High Technology, and Consumer Welfare

The Microsoft Case: Antitrust, High Technology, and Consumer Welfare

The Microsoft Case: Antitrust, High Technology, and Consumer Welfare

The Microsoft Case: Antitrust, High Technology, and Consumer Welfare

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Overview

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


Product Details

ISBN-13: 9780226644646
Publisher: University of Chicago Press
Publication date: 04/15/2009
Edition description: Reprint
Pages: 368
Product dimensions: 6.00(w) x 8.90(h) x 2.80(d)

About the Author

William H. Page is the Marshall M. Criser Eminent Scholar at the University of Florida's Levin School of Law.

John E. Lopatka is the A. Robert Noll Distinguished Professor of Law at the Pennsylvania State University's Dickinson School of Law.

Table of Contents

Preface ix

1 Origins 1

Ideological Sources of Antimonopolization Law 2

Microsoft's Predecessors: The Public Monopolization Case 4

Microsoft's Beginnings: A Post-Chicago Convergence 19

2 Decisions 33

Chronology 34

The Liability Decisions 35

The Remedial Decisions 70

The Follow-on Private Litigation 78

The European Commission Decision 80

3 Markets 85

Two Systems of Belief about Operating Systems and Middleware 86

Network Effects and Related Economic Concepts 91

Defining Software Markets 96

4 Practices I: Integration 115

A Preliminary Skirmish 119

Integration on Trial 123

Rethinking and Redefining Integration under Sherman Act Standards 129

5 Practices II: The Market Division Proposal, Exclusive Contracts, and Java 167

The Market Division Proposal 168

The Exclusive Contracts 184

Java 191

6 Remedies 203

The Goals of Antitrust Remedies 204

Structural Remedies 205

Conduct Remedies 212

Damage Remedies 224

Aftermath 243

Notes 249

Index 331

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