From: Mustafa Akgul (akgul@Bilkent.EDU.TR)
Date: Wed 25 Oct 2000 - 13:50:37 EEST
SEMINAR ANNOUNCEMENT
Date: October 27, FRIDAY
Time: 13:30
Place: Faculty of Business Administration, MA330
Microsoft Antitrust Case: A comparison of the US trial and the EU
Investigations
ANJARIITTA RANTANEN
Faculty of Business Administration
Bilkent University
Abstract
The US Microsoft antitrust trial has created so much interest that a
quarterly (electronic) academic journal completely dedicated to it has
been launched. A U.S District Court concluded in April 2000 that
Microsoft Corporation had, in violation of § 2 of the Sherman Antitrust
Act, 15 U.S.C, maintained its monopoly power in the market for operating
systems by anticompetitive means, specifically by engaging in a series
of exclusionary, anticompetitive, and predatory acts, and had attempted
to monopolize the Web browser market, and that Microsoft had also
violated § 1 of the Sherman Act by unlawfully tying its Web browser to
its operating system.
It is less well known that the EU Commission Competition
Directorate-General recently launched its fifth investigation on
Microsoft’s practices in Europe. The four earlier European
investigations have concerned various aspects of the EC Treaty Articles
81 and 82 (new numbering, ex-articles 85 and 86). These articles define
the two main prohibited behaviors under the EC competition law: abuse of
dominant position and agreements restrictive of competition. In
particular, Microsoft might have used discriminatory agreements,
including price discrimination, side-agreements (tying or bundling of
products) and technical barriers to entry. This presentation will first
try to give an overview of the findings of facts in the US trial and the
EU investigations, and then concentrate on the comparison of the two
competition law regimes: the Sherman Antitrust Act and the provisions of
the EC Treaty. In conclusion, a question whether there is need for more
international cooperation and/or coordination in competition law will be
presented. The EU and US already have an agreement on cooperation, and
the WTO is favoring more global approach in competition law.
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