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Full-Text Articles in Law
As Antitrust Case Ends, Microsoft Is Victorious In Defeat, Norman Hawker, Robert H. Lande
As Antitrust Case Ends, Microsoft Is Victorious In Defeat, Norman Hawker, Robert H. Lande
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As the final judgment in the celebrated Microsoft case ends, this piece very briefly assesses the impact of its remedy. When evaluated in terms of its most important goals, the remedy has proven to be a failure. Microsoft's monopoly power in the PC operating systems market is now as great as it was when the case was brought in 1998 or the remedy was ordered in 2002. The article also very briefly discusses the implications of this remedy for Google and AT&T.
Are Those Who Ignore History Doomed To Repeat It?, Peter Decherney, Nathan Ensmenger, Christopher S. Yoo
Are Those Who Ignore History Doomed To Repeat It?, Peter Decherney, Nathan Ensmenger, Christopher S. Yoo
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In The Master Switch, Tim Wu argues that four leading communications industries have historically followed a single pattern that he calls “the Cycle.” Because Wu’s argument is almost entirely historical, the cogency of its claims and the force of its policy recommendations depends entirely on the accuracy and completeness of its treatment of the historical record. Specifically, he believes that industries begin as open, only to be transformed into closed systems by a great corporate mogul until some new form of ingenuity restarts the Cycle anew. Interestingly, even taken at face value, many of the episodes described in the …
The Intel And Microsoft Settlements, Robert H. Lande
The Intel And Microsoft Settlements, Robert H. Lande
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This article briefly compares and contrasts the recent U.S. Federal Trade Commission's antitrust settlement with Intel, and the antitrust cases brought against Microsoft. The article praises the FTC's settlement with Intel, and predicts that history will judge it very favorably compared to the settlement by the U.S. Department of Justice of its antitrust case against Microsoft.
The Price Of Abuse: Intel And The European Commission Decision, Robert H. Lande
The Price Of Abuse: Intel And The European Commission Decision, Robert H. Lande
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The May 13, 2009 decision by the European Commission ('EC') holding that Intel violated Article 82 of the Treaty of Rome and should be fined a record amount and prohibited from engaging in certain conduct, set off a predictable four part chorus of denunciations:
- Intel did nothing wrong and was just competing hard;
- Intel's discounts were good for consumers;;
- The entire matter is just another example of Europeans protecting their own against a more efficient U.S. company; and;
- Even if Intel did engage in anticompetitive activity, the fine was much too large. These assertions will be addressed in turn.;
Is Europe Unfairly Attacking Another U.S. High Technology Company?, Robert H. Lande
Is Europe Unfairly Attacking Another U.S. High Technology Company?, Robert H. Lande
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This short piece considers whether the EU antitrust action against Intel constitutes an example of European regulators attacking a successful US company in order to protect a European competitor, or whether it instead is an example of legitimate law enforcement.
World War 4.0: The Intel Antitrust Wars, Robert H. Lande
World War 4.0: The Intel Antitrust Wars, Robert H. Lande
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This short piece gives an overview of antitrust actions filed around the world against Intel for allegedly undertaking anticompetitive actions in the market for X 86 PC chips.
No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande
No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande
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This short article applauds the European Commission for holding that Microsoft violated European competition laws, and admonishes the U.S. for criticizing the Europeans for protecting themselves from Microsoft's anticompetitive activity.
Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande
Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande
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No abstract provided.
The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande
The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande
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No abstract provided.
Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande
Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande
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On June 28, 2001, the D.C. Court of Appeals held that Microsoft has violated the antitrust laws repeatedly, relentlessly, and over a multi-year period. The court ruled eight separate times that Microsoft engaged in conduct that illegally maintained its monopoly in PC operating systems. Despite these strongly worded conclusions concerning Microsoft’s liability, the court was extremely cautious when it considered whether to break up the company. It held that divestiture was a “radical” remedy that should be imposed with “great caution.”
The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld
The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld
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As readers of crime novels know, there are many definitions of the perfect caper. Under most, the perpetrator gets to keep its ill-gotten gains and goes unpunished. Even if the perpetrator is arrested and brought to trial, he or she still typically escapes punishment completely due to a variety of unusual circumstances. This is essentially what Professors John E. Lopatka and William H. Page are arguing about Microsoft's actions. They assert that even though Microsoft has violated the antitrust laws, it will not be made to pay for its anticompetitive conduct, at least not by private plaintiffs.
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
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This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.