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Workable Antitrust Remedies, William H. Page
Workable Antitrust Remedies, William H. Page
William H. Page
Just over twenty years ago, Frank Easterbrook proposed renaming the Chicago School of antitrust analysis the “Workable Antitrust Policy School,” in recognition of its skepticism about “the ability of courts to make things better even with the best data.” Richard Epstein's brief study of consent decrees is in this tradition of circumspection in antitrust matters. Epstein proposes to analyze “the role consent decrees play in the antitrust law” by examining “the factual and legal disputes that gave rise” to various decrees. He finds many decrees of the past century misguided in their ambition, but concludes, on the evidence of the …
Bargaining In The Shadow Of The European Microsoft Decision: The Microsoft-Samba Protocol License, William H. Page, Seldon J. Childers
Bargaining In The Shadow Of The European Microsoft Decision: The Microsoft-Samba Protocol License, William H. Page, Seldon J. Childers
William H. Page
The Microsoft-Samba agreement is by far the most important tangible outcome of the European Microsoft case. The EC’s other remedial order in the case, which required Microsoft to create a version of Windows without Windows Media Player, was an embarrassing failure. The Samba agreement, however, is significant because it requires Microsoft to provide, to its most important rival in the server market, detailed documentation of its communications protocols, under terms that allow use of the information in open source development and distribution. There is good reason to believe that Samba will be able to use the information to compete more …