In the Matter of United States v. Microsoft Corp. and New York State v. Microsoft Corp., Proposed Final Judgment and Competitive Impact Statement

33 Pages Posted: 1 Sep 2008

See all articles by Jeffrey A. Eisenach

Jeffrey A. Eisenach

NERA Economic Consulting; American Enterprise Institute

Thomas M. Lenard

Technology Policy Institute

Date Written: January 2002

Abstract

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.

Suggested Citation

Eisenach, Jeffrey A. and Lenard, Thomas M., In the Matter of United States v. Microsoft Corp. and New York State v. Microsoft Corp., Proposed Final Judgment and Competitive Impact Statement (January 2002). Available at SSRN: https://ssrn.com/abstract=1260409 or http://dx.doi.org/10.2139/ssrn.1260409

Jeffrey A. Eisenach (Contact Author)

NERA Economic Consulting

1255 23rd Street, NW, Suite 600
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HOME PAGE: http://www.nera.com

American Enterprise Institute ( email )

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Washington, DC 20036
United States

Thomas M. Lenard

Technology Policy Institute ( email )

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Suite 505
Washington, DC 20005
United States
(202) 828 4405 (Phone)

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