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David S. Evans, "Clinton's Brave New Business World," in Regulation (Fall 2001), Cato Institute, 1000 Massachusetts Avenue N.W., Washington, D.C. 20001
The Justice Department is approaching a settlement with Microsoft to curb the software giant's anti-competitive practices. But David Evans, a vice president of National Economic Research Associates, argues that the Microsoft case was a misguided effort to eliminate "aggressive business practices" that did not harm consumers or reduce competition.
Before Bill Clinton took office, the Justice Department and the Federal Trade Commission (FTC) launched antitrust lawsuits when they had evidence that companies were colluding to reduce competition. The Clinton administration, by contrast, challenged corporations to show that they weren't restricting rivals. Moreover, its suits were launched without clear evidence that consumers were suffering because of corporate behavior. A major antitrust case against Intel, for example, ended after the FTC's expert witness admitted there was no ...