In the Matter of United States v. Microsoft Corp. and New York State v. Microsoft Corp., Proposed Final Judgment and Competitive Impact Statement
Jeffrey A. Eisenach
American Enterprise Institute; George Mason University School of Law
Thomas M. Lenard
Technology Policy Institute
This filing, from the Tunney Act proceeding in the Microsoft antitrust case, assesses the legal, policy and economic implications of the DOJ-Microsoft consent decreed - the Proposed Final Judgment . We find that (a) the PFJ fails to address meaningfully the violations of law found by the U.S. District court and upheld by the U.S. Court of Appeals, and its entry by the court is not in the public interest; (b) the Competitive Impact Statement filed with the PFJ fails to meet the standard of analysis demanded by the law and occasioned by the magnitude of the issues involved; and (c) the public interest would best be served through imposition of a "hybrid" structural remedy or, if the court chooses not to impose a structural remedy, a conduct remedy modeled after the proposals of the remaining litigating states.
Number of Pages in PDF File: 33working papers series
Date posted: September 1, 2008
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