Note on Application of the Antitrust Laws to the New Economy: An Analysis of United States vs. Microsoft Corp. Harvard Case Solution & Analysis

Analyzes 1991, the U.S. Court of Appeals for the District of Columbia in the seminal New Economy U.S. antitrust case against the corporation Microsoft, F.3rd 34 253 (DC Cir. 2001), which arose in connection with the efforts of Microsoft, to support Internet Explorer and Netscape Navigator, replace Internet browser as the leading browser. This case provides a detailed discussion of the application of U.S. antitrust laws (Articles 1 and 2 of the Sherman Act, in particular) to technologically dynamic markets characterized by network effects. Issues considered include: 1) the legality of exclusive dealing, 2) that is unlawful monopolization (including how the courts define the relevant market and that is anti-competitive behavior), 3) predatory pricing and rules can not, and 4) essential facilities doctrine, 5) implementation of intellectual property rights (eg, patents and copyrights) as a business case, and 6), which is an illegal attempt to monopolize. The U.S. Court of Appeal summarized, as well as extensive excerpts from the opinions appear as an exhibit. "Hide
by Constance E. Bagley 28 pages. Publication Date: September 20, 2001. Prod. #: 802090-PDF-ENG

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