Government Antitrust Policy in Action

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Government Antitrust Policy in Action: The Case of

Microsoft

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Summary:
There are two main schools of thought related to antitrust laws. The first one argues that the main

goals of this law are economic efficiency and enhancing consumer welfare. The second school of

thought suggests that the purpose of antitrust laws is to protect small firms from the power of

larger firms.

Many examples show the contrast between the two points of views and the violation of antitrust

law. One of the most important examples related to violation is the US government case against

Microsoft Corporation.

Briefly, the US government accuses Microsoft of being monopolistic and controlling the market.

Against the antitrust laws, Microsoft has gained competitive advantage over Netscape by

combining Internet Explorer with its window system.

Each party presented its own arguments: Professor Fisher, on behalf of the US government,

argues that Microsoft is gaining almost all the market shares, which is illegal according to the

antitrust laws and has the power to force other to get out of the competition by “predatory

pricing”. On the opposite, Professor Schmalensee states that Microsoft is offering a unique

service at zero marginal cost and customers are well satisfied with it.

After proceeding legally with the case, in 2001, many parties believed that settlement of the case

by the justice department will not prohibit Microsoft from being monopolistic and controlling the

market.

Violating the antitrust laws by Microsoft also dates back to 1999 when Sun Microsystem accused

Microsoft of not competing fairly with others parties and not disclosing related information.
In 2004 and 2005, fines were imposed on Microsoft due to illegal actions. Many contrary

approach claim that this reaction will limit creativity and innovation by big companies.

Years later, in 2007, Microsoft’s shares of market keep on increasing. Unlike the reality, the

commission states that Microsoft needs to reveal its information to its competitor at little or no

cost.

Finally, after many thoughts, Microsoft decided not to appeal to the European Court of Justice

and to abide to the antitrust laws regarding power, information and competition (2004).

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