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Technology Stocks : MSFT Internet Explorer vs. NSCP Navigator

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To: Daniel Schuh who wrote (18617)4/21/1998 5:42:00 PM
From: Eugene Goodman  Read Replies (2) of 24154
 
Krugman and the Cato article say the the Theory of
Increasing Returns is the basis of the DOJ law suit.
I quote from the Cato article:

Taking one specific case, path dependence arguments
have been used to support antitrust actions against
Microsoft. A white paper by Gary Reback and a group of
coauthors, with assistance from Brian Arthur, uses path
dependence arguments to claim that Microsoft's successes
in the personal computer software market are due not to Microsoft's ability to provide consumers with handy
solutions to their problems, but instead are caused
by consumers' inabilities to escape from a path
controlled by Microsoft. Reback, et al. chillingly portray
the ominous end of that path: "It is difficult to imagine
that in an open society such as this one, with multiple
information sources, a single company could seize
sufficient control of information transmission so as to
constitute a threat to the underpinnings of a free society.
But such a scenario is a realistic (and perhaps probable)
outcome."


The theory is important to the DOJ because they are
breaking new ground. Microsoft does not have a controlling
market share. They do not hurt the consumer by charging
high prices. The DOJ law suit is based on what might
happen if the government does not help. Microsoft will
get a 70 % [isn't this what Netscape has now?] or higher
market share, then they raise their prices and screw the
helpless consumer. Since none of this is has happened, an
economic theory is essential to predict the future.
[Good luck. it will be a first] If the theory is flawed
so is their law suit.

If I remember correctly, none of this stuff is in the
Sherman Act. Anti-trust is based on prior case law. This
gives the Act flexibility and durability so that the
trustbusters can focus on consumer protection, vertical
or horizontal integration, price fixing or take a 12 year
vacation as as it seems they did under Reagen and Bush.

Anti-trust law is not immutablle so Microsoft will only
know to what extent they have broken the law after the
DOJ, the court and Microsoft come to an agreement.

Gene
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