Are ‘Closed Systems’ an Antitrust Problem?
Hanno F. Kaiser
Latham & Watkins LLP; University of California, Berkeley - School of Law
March 10, 2011
Competition Policy International, Vol. 7, No. 1, Spring 2011
Closed computer systems have come under attack as harmful to freedom, innovation, and competition. Open computer systems, in contrast, are said to promote such values. This article assesses the specific claim that closed systems, compared to open systems, are inherently anticompetitive. It concludes that competition policy arguments against closed systems are at best inconclusive and that closed systems should not be put in an antitrust suspect class.
Number of Pages in PDF File: 23
Keywords: antitrust, competition law, systems competition, monopolization, aftermarkets, innovation, open systems, closed systems, vertical integration
JEL Classification: L40, L41
Date posted: May 23, 2011