Analyzes the 1991 decision of the U.S. Court of Appeals for the District of Columbia Circuit in the groundbreaking new economy antitrust case United States vs. Microsoft Corp., 253 F.3rd 34 (DC Cir. 2001), which arose from Microsoft’s efforts to promote Internet Internet Explorer and Netscape Navigator web browser replace the leading browser. This case contains a detailed discussion on the application of U.S. antitrust laws (§ § 1 and 2 of the Sherman Act, in particular) to techno … Read more »

Analyzes the 1991 decision of the U.S. Court of Appeals for the District of Columbia Circuit in the groundbreaking new economy antitrust case United States vs. Microsoft Corp., 253 F.3rd 34 (DC Cir. 2001), which arose from Microsoft’s efforts to promote Internet Internet Explorer and Netscape Navigator web browser replace the leading browser. This case contains a detailed discussion on the application of U.S. antitrust laws (§ § 1 and 2 of the Sherman Act, in particular), technologically dynamic markets characterized by network effects. Topics to be covered include: 1) the legality of the exclusive trade agreements, 2) what constitutes illegal monopolization (including how to define the courts in the relevant market and what is considered anti-competitive behavior), 3) cut-throat competition and the rules of the impossibility of 4 ) the essential facilities doctrine, 5) the exercise of intellectual property (eg patents or copyrights rights) as a business justification, and 6), an illegal attempt to monopolize. The U.S. Court of Appeals summarized the decision and extensive excerpts from the opinion appear as an exhibit.
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Constance E. Bagley
28 pages.
Publication Date: Sep 20, 2001. Prod #: 802 090 PDF-ENG
Note on the application of antitrust laws to the New Economy: An Analysis of the United States vs. Microsoft Corp. HBR case solution

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