The Microsoft Case

Author: William H. Page
Publisher: University of Chicago Press
ISBN: 0226644650
Format: PDF, Docs
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In 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems. More than ten years later, the case is still the defining antitrust litigation of our era. William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare. The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies. They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age. “This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University

The Microsoft Antitrust Cases

Author: Andrew I. Gavil
Publisher: MIT Press
ISBN: 0262027763
Format: PDF, ePub, Mobi
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A comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age.

International Antitrust Law Policy Fordham Competition Law 2008

Author: Barry E. Hawk
Publisher: Juris Publishing, Inc.
ISBN: 1578232538
Format: PDF, Docs
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Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. All of the chapters raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy. The chapters are revised and updated before publication when necessary. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The annual volumes are an indispensable guide through the sea of international antitrust law. The Fordham Competition Law Proceedings are acknowledged as simply the most definitive US/EC annual analyses of antitrust/competition law published.

White Collar and Corporate Crime A Documentary and Reference Guide

Author: Gilbert Geis
Publisher: ABC-CLIO
ISBN: 0313380554
Format: PDF, Docs
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This reference guide documents white-collar crimes by individuals and businesses over the past 150 years, offering the most comprehensive array of documents and interpretations available. • Provides dozens of court documents, legislative hearing transcripts, muckraking articles, and accounts of crooked behavior in the upper echelons of power • Contains numerous photographs that illustrate the subject material • Includes a bibliography in each section that directs readers to supplementary sources

Competition Law Technology Transfer and the TRIPS Agreement

Author: Tu Thanh Nguyen
Publisher: Edward Elgar Publishing
ISBN: 184980544X
Format: PDF, Mobi
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The book deals with a difficult subject with an assured touch and will be a valuable text for postgraduate students, policy-makers and practitioners. European Intellectual Property Review This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book s unique contribution is a set of comparative case studies on this complex interface. D. Daniel Sokol, University of Florida Levin College of Law, US The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries. Tu Thanh Nguyen argues that technology transfer-related competition law should be glocalized appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances. Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.

Resolve and Fortitude

Author: Joachim Kempin
Publisher: Xlibris Corporation
ISBN: 1479732028
Format: PDF
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This is the story of a German-born executive, JK, who immigrated to the United States to aid Bill Gates and Steve Ballmer, Microsofts top honchos to build a commanding software empire. He led Microsofts OEM division that was responsible for sales to PC manufacturers, and drove the deals that made Microsoft Windows the worlds dominating operating system. Find out how much resolve, fortitude, and perseverance were needed to make that part of the PC revolution come true; what strategies were employed to win the Internet browser war; how IBM was beaten; what drove Apple to the brink of disaster; and how shady politicians and hapless competitors eventually goaded the Feds to ensnare Microsoft in a web of antitrust accusations. Peek behind the curtain and be the first-ever outsider to glimpse into Microsofts power nexus. Understand how Microsofts nearly mystical marketing shrewdness and tech prowess are intensely propelled by paranoia and fear of missing the next computing paradigm shift. The press labeled JK Bill Gatess enforcer. No wonder he was called upon as a pivotal antitrust trial witness to defend what loathing competitors labeled Microsofts evil empire. Follow what experts believe was the most protracted, and fierce trial of the century. Relive the courtroom drama, and read the authors critical analysis of the judicial proceedings and their aftermaths. Losing that trial partially started Microsofts demise, and power struggles from within quickened it. Get to know the real forces that altered Microsofts resolve-and fortitude-dominated leadership style. Find out if Windows 8 could be an inflection point, conjuring enough magic to ring in a renaissance and attract the Facebook generation to a born-again modern Microsoft.

The Contestable and Potentially Harmful Conclusions of the Microsoft Case

Author: Veronica Hagenfeldt
Publisher: GRIN Verlag
ISBN: 3640880870
Format: PDF, Docs
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Master's Thesis from the year 2009 in the subject Law - Media, Multimedia Law, Copyright, grade: Distinction, University of Edinburgh (School of Law), course: Master Thesis in the LLM in European Law Programme, language: English, abstract: In what has been described as the most important competition law case in EU history the CFI upheld the Commission’s finding that Microsoft was guilty of committing two infringements of EC competition law: illegitimately to have refused to supply intellectual property (IP) protected interoperability information to competing workgroup server operating systems (WGSOS), and to have performed an illegal tie of its Windows Media Player (WMP) to its dominant operating system. Microsoft has been labelled “the biggest encroachment on intellectual property in European competition law history” and it is accused of hampering innovation and interfering with beneficial product integration by applying an anachronistic form-based tying test. In the opinion of the author the Judgment is an esoteric masterpiece of obfuscation that despite its considerable volume does little to provide legal certainty regarding the conditions under which compulsory licensing of IP rights (IPRs) will occur, or when technical integration will be deemed legal. Microsoft is of ever-increasing relevance for legal academics and undertakings alike for several reasons: First, since it is the most high profile ruling on the two most controversial issues within EC competition law – compulsory licensing of IPRs and tying – the Judgment will be a fundamental point of reference, especially amid claims that competition authorities’ concerns regarding the acquisition and use of IPRs are increasing and that legitimate worries of IP owners (IPOs) are accordingly engendered. Second, high tech markets are increasingly important to consumers and to the global economy, and Microsoft is the “focal point for the ongoing debate about the future direction of the software business” because it concerns all dominant high tech undertakings. Third, Microsoft was concluded in the light of the Lisbon Agenda, where the EU officially acknowledged IP protection’s paramount importance in generating the innovation necessary for economic progress. The Lisbon Agenda has lead to clarion calls for the improvement of the IP environment in Europe, and for innovation considerations to take more prominent part in competition law analysis. Yet this dissertation shows that the opposite regrettably occurred in Microsoft, where IPRs were essentially deprived of their use as a result of an indefensible weakening of the exceptional circumstances test. [...]