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Original Articles

United States v Microsoft: High-tech Antitrust

Pages 237-253 | Published online: 21 Jul 2010

References

  • Balto , D and Pitofsky , R . 1998 . 'Antitrust and high-tech industries: the new challenge' . Antitrust Bulletin , XLIII : 583 603
  • Levy , R A . 1998 . 'Microsoft and the browser wars' . Policy Analysis , 296 : 1
  • Baer , W J . 1998 . 'Antitrust enforcement and high technology markets' . Speech , 12 November
  • For a strong summary of the main allegations see 'Competition in the network market: the Microsoft challenge', Software Publishers Association, .
  • Salop , S C and Romaine , R C . 1999 . 'Preserving monopoly: economic analysis, legal standards and Microsoft' . George Mason Law Review , : 617
  • White , L J . 1999 . 'Wanted: a market definition paradigm for monopolization cases' . Computer Industry , 4 : 1 2
  • Ibid., at p 3.
  • Jenkins , H W . 1999 . 'Microsoft's season of FUD' . Wall Street Journal , 31 March
  • Lohr , S . 1999 . 'Playing "The Price is Right" with Windows' . The New York Times , 3 January
  • Bork , R H . 1978 . The Antitrust Paradox , 372 – 374 . The Free Press . In particular
  • Areeda , P and Turner , D F . 1975 . 'Predatory pricing and related practices under section 2 of the Sherman Act' . Harvard Law Review , 88 : 697
  • Brinkley , J . 1999 . 'Microsoft trial could drag into 2000' . New York Times , 1 April
  • Norris , F . 1999 . 'Does the Microsoft trial verdict really matter?' . New York Times , 1 March M. Scherer has commented: 'I was involved in US v IBM, and one of the major reasons why that case went on for 13 years is that the government could not figure out what it wanted to do. I was involved … in the Intel case. The reason that case settled quickly is because the government knew precisely what it wanted to achieve, and when the boundaries of its perception were revealed to Intel, Intel realized that this was something they could live with, and a settlement was forthcoming' (Nader conference, below)
  • Brinkley , J . 1999 . '19 states to seek an overhaul of Microsoft' . New York Times , 16 March
  • Liebowitz , S J and Margolis , E . 1995 . 'Don't handcuff technology' . Upside Magazine , September : 64 – 73 . 72 Note however, that it has been fiercely argued that 'network effects' take place only when the technology adopted is in fact better than its alternatives. In the present case it has been argued that 'earlier versions of Windows were quite unsuccessful. Microsoft was able to wean customers away from DOS only when Windows 3.0 was able to demonstrate a clear superiority'
  • Liebowitz , S J . 1999 . “ 'Breaking Windows: estimating the cost of breaking up Microsoft Windows' ” . ACT . and the ASCII Group
  • Schwarz , M A . 1998 . 'Balancing IP rights and competition: the search for a coherent US/EU policy' . Global Competition Review , April/May : 26 For a discussion of these cases and the differences in approach between the EC and US see
  • Lomholt , F . 1998 . 'The 1984 IBM undertaking: Commission's monitoring and practical effects' . Competition Policy Newsletter , October : 7 This undertaking was recently discussed in the EC Commission's competition journal

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