Chapter

Decisions

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/9780226644653.003.0002
Decisions

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This chapter investigates the key rulings on liability and remedies in the government case. It explores the decisions of both Judge Thomas Penfield Jackson and Judge Colleen Kollar-Kotelly on questions of remedy, and the decisions of the court of appeals reviewing them. The chapter also reports the legacy of the government case in the hundreds of private lawsuits in state and federal court, and in the European Commission's Microsoft case. Judge Jackson pointed to direct evidence that Microsoft exercised monopoly power, and concluded that Microsoft had monopoly power as a matter of law as well as fact. He found that Microsoft also prevented original equipment manufacturers from altering the initial boot sequence of Windows, rejecting the notion that consumers benefited from Microsoft's actions. Microsoft has appealed the commission decision to the European Court of First Instance.

Keywords: decisions; Judge Jackson; Judge Kollar-Kotelly; remedy; Microsoft; private lawsuits; monopoly power; First Instance

Chapter.  21139 words. 

Subjects: Company and Commercial Law

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