Litigating States' Proposed Remedy for Microsoft, The

Competition Policy & Antitrust

Article Snapshot

Author(s)

Robert W. Hahn

Source

AEI-Brookings Joint Center for Regulatory Studies Related Publication 02-3, March, 2002

Summary

This paper looks at a proposal of 9 states and the District of Columbia to settle the antitrust suit against Microsoft.

Policy Relevance

States that are home to a firm's main competitors will be urged to propose policies that benefit those competitors, even if they hurt consmers.

Main Points

  • In 2002, nine states and the District of Columbia argued against the settlement in the antitrust suit United States v. Microsoft by the United States Department of Justice.

 

  • The states proposed an alternative that would regulate Microsoft’s prices and limit Microsoft’s ability to add features to Windows.

 

  • Microsoft would be made to license its intellectual property practically for free, discouraging innovation.

 

  • The many software developers and consumers who depend on Windows as a platform would be harmed by restrictions on the platform’s evolution.

 

  • Many of the states supporting the alternative settlement were home to Microsoft’s most powerful rivals, and the states’ ideas would benefit those rivals more than consumers.

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