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Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer
Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer
Faculty Publications
On April 3, 2000, U.S. District Judge Thomas Penfield Jackson declared that the Microsoft Corporation ("Microsoft") had maintained monopoly power in the personal computer operating system market by anticompetitive means, in violation of Section 2 of the Sherman Antitrust Act. A case of enormous significance, Microsoft raises difficult questions regarding how antitrust laws should be applied to information technology ("IT') companies. Specifically, many characteristics of what has come to be called the "New Economy" - and of the IT companies within it - suggest that traditional monopolization analysis may need modification. As the U.S. has moved toward an information- based …