Microsoft, Antitrust and the New Economy: Selected Essays PDF Download

Author: David S. Evans
Publisher: Springer Science & Business Media
ISBN: 0306476002
Category : Business & Economics
Languages : en
Pages : 486

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Book Description
No antitrust case in recent history has attracted as much public attention as U.S v. Microsoft Corp. Nor has any antitrust case in memory raised as many complex, substantive issues of law, economics and public policy. Microsoft, Antitrust and the New Economy: Selected Essays constitutes an early effort to analyze some of the central issues and to put the case in the context of the ongoing debate over the role of government in managing markets - especially in technology driven New Economy industries. All of these essays, it should be noted, are written by critics of the government's efforts to regulate Microsoft. Indeed, many are by individuals who were closely involved in the company's legal defense and served as consultants to Microsoft. But their work should be judged on the merits rather than their provenance. For all represent serious scholarship by researchers committed to advancing the debate over government regulatory policies.

Author: Luca Rubini
Publisher: Edward Elgar Publishing
ISBN: 1849807140
Category : Business & Economics
Languages : en
Pages : 561

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Book Description
Microsoft on Trial analyses the antitrust cases that have involved Microsoft in both sides of the Atlantic and offers a thorough and timely discussion on the regulation of unilateral behaviour in a topical sector. This fascinating and highly topical book facilitates discussion on the difficult technical, legal and economic issues with respect to innovation,competition and welfare raised, through the span of more than a decade, by the US and EC Microsoft antitrust cases. It assesses their impact on the evolution of EC and US laws on competition and intellectual property in the IT sector and beyond.

Author: William H. Page
Publisher: University of Chicago Press
ISBN: 0226644650
Category : Law
Languages : en
Pages : 363

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Book Description
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

Author: W. Kip Viscusi
Publisher: MIT Press
ISBN: 026222075X
Category : Business & Economics
Languages : en
Pages : 955

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Book Description
A substantially revised and updated new edition of the leading text on business and government, with new material reflecting recent theoretical and methodological advances; includes further coverage of the Microsoft antitrust case, the deregulation of telecommunications and electric power, and new environmental regulations. This new edition of the leading text on business and government focuses on the insights economic reasoning can provide in analyzing regulatory and antitrust issues. Departing from the traditional emphasis on institutions, Economics of Regulation and Antitrust asks how economic theory and empirical analyses can illuminate the character of market operation and the role for government action and brings new developments in theory and empirical methodology to bear on these questions. The fourth edition has been substantially revised and updated throughout, with new material added and extended discussion of many topics. Part I, on antitrust, has been given a major revision to reflect advances in economic theory and recent antitrust cases, including the case against Microsoft and the Supreme Court's Kodak decision. Part II, on economic regulation, updates its treatment of the restructuring and deregulation of the telecommunications and electric power industries, and includes an analysis of what went wrong in the California energy market in 2000 and 2001. Part III, on social regulation, now includes increased discussion of risk-risk analysis and extensive changes to its discussion of environmental regulation. The many case studies included provide students not only pertinent insights for today but also the economic tools to analyze the implications of regulations and antitrust policies in the future.The book is suitable for use in a wide range of courses in business, law, and public policy, for undergraduates as well at the graduate level. The structure of the book allows instructors to combine the chapters in various ways according to their needs. Presentation of more advanced material is self-contained. Each chapter concludes with questions and problems.

Author: Richard J. Gilbert
Publisher: MIT Press
ISBN: 026235862X
Category : Business & Economics
Languages : en
Pages : 337

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Book Description
A proposal for moving from price-centric to innovation-centric competition policy, reviewing theory and available evidence on economic incentives for innovation. Competition policy and antitrust enforcement have traditionally focused on prices rather than innovation. Economic theory shows the ways that price competition benefits consumers, and courts, antitrust agencies, and economists have developed tools for the quantitative evaluation of price impacts. Antitrust law does not preclude interventions to encourage innovation, but over time the interpretation of the laws has raised obstacles to enforcement policies for innovation. In this book, economist Richard Gilbert proposes a shift from price-centric to innovation-centric competition policy. Antitrust enforcement should be concerned with protecting incentives for innovation and preserving opportunities for dynamic, rather than static, competition. In a high-technology economy, Gilbert argues, innovation matters.

Author: Ken Auletta
Publisher: Random House
ISBN: 0375506799
Category : Business & Economics
Languages : en
Pages : 639

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Book Description
The Internet Revolution, like all great industrial changes, has made the world's elephantine media companies tremble that their competitors-whether small and nimble mice or fellow elephants-will get to new terrain first and seize its commanding heights. In a climate in which fear and insecurity are considered healthy emotions, corporate violence becomes commonplace. In the blink of an eye-or the time it has taken slogans such as "The Internet changes everything" to go from hyperbole to banality-"creative destruction" has wracked the global economy on an epic scale. No one has been more powerful or felt more fear or reacted more violently than Bill Gates and Microsoft. Afraid that any number of competitors might outflank them-whether Netscape or Sony or AOL Time Warner or Sun or AT&T or Linux-based companies that champion the open-source movement or some college student hacking in his dorm room-Microsoft has waged holy war on all foes, leveraging its imposing strengths. In World War 3.0, Ken Auletta chronicles this fierce conflict from the vantage of its most important theater of operations: the devastating second front opened up against Bill Gates's empire by the United States government. The book's narrative spine is United States v. Microsoft, the government's massive civil suit against Microsoft for allegedly stifling competition and innovation on a broad scale. With his superb writerly gifts and extraordinary access to all the principal parties, Ken Auletta crafts this landmark confrontation into a tight, character- and incident-filled courtroom drama featuring the best legal minds of our time, including David Boies and Judge Richard Posner. And with the wisdom gleaned from covering the converging media, software, and communications industries for The New Yorker for the better part of a decade, Auletta uses this pivotal battle to shape a magisterial reckoning with the larger war and the agendas, personalities, and prospects of its many combatants.

Author: Andrew I. Gavil
Publisher: MIT Press
ISBN: 0262319225
Category : Law
Languages : en
Pages : 461

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Book Description
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. For more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft—in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era—was unprecedented. In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft—from beginning to end—and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies—all lessons learned from the Microsoft cases.

Author: Jeffrey Eisenach
Publisher: Springer Science & Business Media
ISBN: 9780792384649
Category : Business & Economics
Languages : en
Pages : 314

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Book Description
Do the antitrust laws have a place in the digital economy or are they obsolete? That is the question raised by the government's legal action against Microsoft, and it is the question this volume is designed to answer. America's antitrust laws were born out of the Industrial Revolution. Opponents of the antitrust laws argue that whatever merit the antitrust laws may have had in the past they have no place in a digital economy. Rapid innovation makes the accumulation of market power practically impossible. Markets change too quickly for antitrust actions to keep up. And antitrust remedies are inevitably regulatory and hence threaten to `regulate business'. A different view - and, generally, the view presented in this volume - is that antitrust law can and does have an important and constructive role to play in the digital economy. The software business is new, it is complex, and it is rapidly moving. Analysis of market definition, contestibility and potential competition, the role of innovation, network externalities, cost structures and marketing channels present challenges for academics, policymakers and judges alike. Evaluating consumer harm is problematic. Distinguishing between illegal conduct and brutal - but legitimate - competition is often difficult. Is antitrust analysis up to the challenge? This volume suggests that antitrust analysis `still works'. In stark contrast to the political rhetoric that has surrounded much of the debate over the Microsoft case, the articles presented here suggest neither that Microsoft is inherently bad, nor that it deserves a de facto exemption from the antitrust laws. Instead, they offer insights - for policymakers, courts, practitioners, professors and students of antitrust policy everywhere - on how antitrust analysis can be applied to the business of making and marketing computer software.

Author: Park, Tae J.
Publisher: Edward Elgar Publishing
ISBN: 1802202439
Category : Law
Languages : en
Pages : 192

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Book Description
This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory, and opens new avenues in discussing how to correct incomplete IIAs.

Author: S. J. Liebowitz
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 358

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Book Description
Few issues in high technology are as divisive as the raging debate over competition, innovation, and antitrust. Why do certain products and technologies become dominant while others fail? Is there something about high technology that makes markets less dependable at choosing goods and services? Will the robust competition and technological advances of the past two decades continue? Or, will they be suffocated by larger firms employing monopolistic practices? Is antitrust primarily employed against monopolies to increase competition for the benefit of consumers, or is it actually a vehicle that firms use against their rivals to restrict the competitive process? This book examines these and other questions confronting high-technology markets.