Chapter

Origins

in The Microsoft Case: Antitrust, High Technology, and Consumer Welfare

Published by University of Chicago Press

Published in print July 2007 | ISBN: 9780226644639
Published online March 2013 | e-ISBN: 9780226644653 | DOI: http://dx.doi.org/10.7208/chicago/9780226644653.003.0001
Origins

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This chapter explores the ideological origins of the monopolization law and reports the century-long history of the government's efforts to enforce it. It then addresses the convergence of political, theoretical, and competitive trends that persuaded the Antitrust Division to revive the tradition of the public monopolization enforcement by filing the Microsoft case. United States v. Microsoft is part of a long tradition of public monopolization enforcement that began in the late nineteenth century and gained a renewed urgency in the latter years of the New Deal. Ideology played a crucial role in the origins of antitrust. The repeated failures of public monopolization enforcement show the shortcomings of the law's definition of monopolization. The Chicago School's analysis influenced both antitrust law and enforcement policy. The Microsoft case rested on a new and exciting economic theory that was the height of fashion in legal scholarship.

Keywords: monopolization law; government; Antitrust Division; Microsoft; public monopolization enforcement; Chicago School; antitrust law; enforcement policy; economic theory

Chapter.  12872 words.  Illustrated.

Subjects: Company and Commercial Law

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