Microsoft, Google, and a New Era of Antitrust

Abstract

The U.S. federal government has brought major antitrust cases against Microsoft and Google. Regulators likely don’t expect to win either case outright, but the government doesn’t need to win these cases for them to have an impact. For one, an aggressive litigation strategy can provide a potent disruption to companies deemed too powerful. But these cases also send a message to European regulators, who have stepped into a leading role on antitrust. To navigate increasing uncertainty around where and how antitrust law is enforced, companies need to understand the complex politics of competing efforts to craft a new paradigm for competition law, and have plans in place for threading the needle and getting deals done.

Keywords: antitrust, regulation, Microsoft, technology industries

JEL Classification: G34, G38, K21, L12, L13, L41, L43, l63, l96, O38