Antitrust Bulletin articles from September 1998

Antitrust Bulletin archives from September 1998

"New" issues in competition policy raised by information technology industries.(antitrust issues)
September 22, 1998... I. Introduction In his classic analysis, Frederick Brooks described the process of software development as a tar pit. "No one thing seems to cause the difficulty.... But the accumulation of simultaneous and interacting factors brings...

Antitrust and high-tech industries: the new challenge.
September 22, 1998... I. Introduction Since passage of the Sherman Act over 100 years ago,(1) federal and state enforcement authorities, as well as private plaintiffs, have attacked the anticompetitve acquisition and abuse of market power in leading national...

The effects of antitrust and intellectual property law on compatibility and innovation.
September 22, 1998... I. Introduction Many systems have the property that the greater the number of users on the system, the more valuable it is to an individual user. This is a common feature of communications networks, including the telephone system, e-mail,...

An epitaph for traditional copyright protection of network features of computer software.
September 22, 1998... Effective control of interface specifications and other network features of modern computer technologies has been the key to market dominance in the information and computer age. It is not surprising, therefore, that intellectual property...

Could Java change everything? The competitive propriety of a proprietary standard.(Sun Microsystems Inc.'s software)
September 22, 1998... The software industry is about the politics of standardization. attr. Ted Nelson(1) What should be done about Microsoft? The question is on everyone's lips these days, it seems (at least, everyone interested in antitrust law,...

Mystery or magic? the intriguing interface of antitrust law and today's information technologies.
September 22, 1998... The anomalous antitrust law of industrial standards reflects the mysteries shrouding law and today's information technologies. Are standards competitive or anticompetitive? Are they promotive or distortive of technology? Are they best...

The meaning of monopoly: antitrust analysis in high-technology industries.
September 22, 1998... I. Introduction The centennial of the Sherman Act passed with considerable commentary coupled with self-congratulation by antitrust lawyers and economists. However, not everyone expressed comfort that the analytic approaches of mainstream...

Antitrust enforcement in dynamic network industries.
September 22, 1998... I. Introduction The ongoing legal confrontation between the Antitrust Division of the Department of Justice and Microsoft has generated substantial commentary about competition and innovation in the computer software industry. During the...

A marketing perspective on predatory pricing.
September 22, 1998... I. Predatory pricing Current antitrust assessments of predatory pricing rely primarily upon the behavioral assumptions of neoclassical price theory.(1) This body of thought envisions a model of business behavior in which parties are...

Merger Control: The International Regulation of Mergers and Joint Ventures.(Review)
September 22, 1998... Merger Control: The International Regulation of Mergers and Joint Ventures John Davies, ed. London: Law Business Publishing Ltd. (1997/1998), 92 pp., $195. I. Introduction Antitrust enforcement directed at mergers and acquisitions has...

International Mergers: The Antitrust Process.(Review)
September 22, 1998... International Mergers: The Antitrust Process Donald I. Baker and J. William Rowley, eds. London: Sweet & Maxwell (supplement to 2d edition, 1998), 475 pp., $135. I. Introduction Antitrust enforcement directed at mergers and...

The global spread of antitrust enforcement directed at mergers and acquisitions.
September 22, 1998... Reviews by Michael G. Cowie, Howrey & Simon, Washington, DC I. Introduction Antitrust enforcement directed at mergers and acquisitions has spread well beyond the United States and the European Union. Now national antitrust enforcement...