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Full-Text Articles in Law
Measuring Compliance With Compulsory Licensing Remedies In The American Microsoft Case, William Page, Seldon Childers
Measuring Compliance With Compulsory Licensing Remedies In The American Microsoft Case, William Page, Seldon Childers
William H. Page
Section III.E of the final judgments in the American Microsoft case requires Microsoft to make available to software developers certain communications protocols that Windows client operating systems use to interoperate with Microsoft's server operating systems. This provision has been by far the most difficult and costly to implement, primarily because of questions about the quality of Microsoft's documentation of the protocols. The plaintiffs' technical experts, in testing the documentation, have found numerous issues, which they have asked Microsoft to resolve. Because of accumulation of unresolved issues, the parties agreed in 2006 to extend Section III.E for up to five more …
Monopolization, Innovation, And Consumer Welfare, John Lopatka, William Page
Monopolization, Innovation, And Consumer Welfare, John Lopatka, William Page
William H. Page
While most commentators and the enforcement agencies voice support for the consumer welfare standard, substantial disagreement exists over when economic theory justifies a presumption of consumer injury. Virtually all would subscribe to the theoretical prediction that an effective cartel will likely inflict consumer injury by reducing output and thus increasing prices. But the academic and judicial consensus disappears when the theory at issue predicts that a practice -- a merger or a predatory pricing campaign, for example -- will harm consumers in the future through some complex sequence of events.
In our view, the desire to protect innovation is legitimate, …