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: 9780226644653
Publisher: University of Chicago Press
Publication date: 10/15/2009
Sold by: Barnes & Noble
Format: eBook
Pages: 368
File size: 2 MB

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


1. Origins

Ideological Sources of Antimonopolization Law

Microsoft’s Predecessors: The Public Monopolization Case

Microsoft’s Beginnings: A Post-Chicago Convergence


2. Decisions

Chronology

The Liability Decisions

The Remedial Decisions

The Follow-on Private Litigation

The European Commission Decision


3. Markets

Two Systems of Belief about Operating Systems and Middleware

Network Effects and Related Economic Concepts

Defining Software Markets


4. Practices I: Integration

A Preliminary Skirmish

Integration on Trial

Rethinking and Redefining Integration under Sherman Act Standards


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

The Market Division Proposal

The Exclusive Contracts

Java


6. Remedies

The Goals of Antitrust Remedies

Structural Remedies

Conduct Remedies

Damage Remedies


Aftermath

Notes

Index

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