To: clochard who wrote (24681 ) 6/22/1999 8:10:00 PM From: John F. Dowd Read Replies (3) | Respond to of 74651
Steve: The whole idea of business is to hurt the competition. Not a good reason for being called a monopolist. It appears if Jackson had his way WalMart would be the next corp. in the dock. I offer the following as a sample of Judge Jackson's thinking: Judge Compares Microsoft To Wal-Mart In Trial Updated 7:11 PM ET June 22, 1999 Current quotes (delayed 20 mins.) MSFT 86 1/2 -2 7/16 (-2.74%) AOL 109 1/2 -5 7/8 (-5.09%) By David Lawsky WASHINGTON (Reuters) - The judge in the Microsoft antitrust trial compared the software giant to a large Wal-Mart store in a small town Tuesday and wondered if it amounted to a "benevolent despot," or a "monopoly." The judge's comment came as he questioned Richard Schmalensee, dean of the Massachusetts Institute of Technology Sloan School of Management and the expert economic witness for Microsoft Corp.,. Schmalensee has offered a vision of a free-wheeling, competitive software marketplace that contrasts with Justice Department's darker picture of a Microsoft that leaves little opportunity for competition. The Justice Department and 19 states contend that Microsoft holds monopoly power in the operating system for personal computers and has illegally used that power to keep would-be rivals at bay. But Schmalensee said that others are free to compete and likened the situation to a small town with one grocery store that begins to face competition. Schmalensee said others can compete if they build a store, hire clerks and stock the store. District Judge Thomas Penfield Jackson at first said the analogy did not help him, but then seized it to present a potential problem. "This is the whole Wal-Mart phenomena," said the judge, referring to the U.S. retail giant know for huge discount stores that offer an exceptionally wide variety of merchandise. "The issue of whether there is competition for Wal-Mart." Judge Jackson asked of a big Wal-Mart in a small town: "What if it means no new entrants will ever enter the market?" Schmalensee replied that in a very small town there "may not be the working of a competitive marketplace." But he said that if there is a mega-store with good merchandise and lower prices, others may simply be deterred from entering. Jackson said, "You may have a benevolent despot or monopoly." Schmalensee said the situation was better than that: "If a firm begins to think like a benevolent despot and is not protected by barriers to entry it will have a short reign." The guy is as whacked out as the DOJ's case is. JFD