Identifying and Remedying Exclusionary Conduct: Microsoft, the DOJ Section 2 Report, and the New Administration

Global Competition Policy, July 2009

7 Pages Posted: 26 Jul 2009 Last revised: 22 Sep 2015

William H. Page

University of Florida - Levin College of Law

Date Written: July 17, 2009

Abstract

The Department of Justice’s Section 2 Report considered in great detail how courts should best go about identifying exclusionary conduct and how they should best remedy that kind of conduct once they found it. Even though the new Assistant Attorney General has now withdrawn the Report as an official statement of Antitrust Division policy, the questions the Report addressed remain for the new administration. In this essay, I will comment on two subsidiary but nonetheless critical subjects that the DOJ addressed in the Report: general standards of exclusion and affirmative-obligation remedies. In both instances, my observations will draw on the experience of United States v. Microsoft, the DOJ’s last and still pending monopolization case.

Keywords: antitrust, monopolization, exclusion

JEL Classification: K21, L41

Suggested Citation

Page, William H., Identifying and Remedying Exclusionary Conduct: Microsoft, the DOJ Section 2 Report, and the New Administration (July 17, 2009). Global Competition Policy, July 2009. Available at SSRN: https://ssrn.com/abstract=1435351

William Hepburn Page (Contact Author)

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

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