Comments on Warren S. Grimes: Microsoft: Federalism and Internationalism in Antitrust
MUNICH SERIES ON EUROPEAN AND INTERNATIONAL ANTITRUST LAW, NO. 1: THE FUTURE OF TRANSNATIONAL ANTITRUST, J. Drexl. Berne, ed., Staempfli Publishers Ltd., 2003
10 Pages Posted: 17 Feb 2008 Last revised: 20 Dec 2008
I. Microsoft: 'Posterboy' for Federalism and Internationalism in Antitrust
II. Theories and Models of 'Antitrust Sovereignty' and Pluralism A. The U.S.A.: Weak Antitrust Sovereignty B. The EU: Strong Antitrust Sovereignty C. Horizontal Antitrust Sovereignty and Internationalism
III. The Weak Antitrust Sovereignty Model and the Politics of Antitrust
The various antitrust proceedings against Microsoft Corporation in the U.S.A. so usefully summarised by Warren Grimes in this volume reflect the plurality and rich diversity of the 'litigation model' of antitrust enforcement as practiced in the United States distinct from the administrative model heretofore found in the European Communities. Although the EU is poised to adopt a successor to the venerable Regulation 17 of 1962 which would substantially revise the limits on Member State competition law enforcement compared to the Commission-centred system of the last forty years, it is still helpful to consider the present scheme as a basis for comparison, taking account of relevant proposed amendments. Moreover, antitrust laws now exist in eighty to ninety countries and the Doha ('Millennium') Round of World Trade Organisation negotiations is expected to take up some form of international antitrust rules in 2003. The U.S.A., the EU, and twelve other countries launched the 'International Competition Network' in October, 2001, and the OECD launched the Global Competition Forum in the same year. Both groups seek to promote cooperation and convergence in international antitrust enforcement among national and regional (e.g., EU) competition authorities. All of these developments make consideration of the value of the 'federalism in antitrust' experience of the U.S.A. and others extremely timely and important.
Suggested Citation: Suggested Citation