To: Scumbria who wrote (74480 ) 2/25/1999 11:34:00 PM From: Paul Engel Respond to of 186894
Slick - Re: "The FTC will be watching Intel's actions very carefully" The Head of the FTC sure is WATCHING INTEL !!!! Paul {===========================}quote.bloomberg.com FTC Chairman Urges Caution on Breakup of High-Tech Monopolists FTC Chairman Urges Caution on Breakup of High-Tech Monopolists Washington, Feb. 25 (Bloomberg) -- Antitrust enforcers should be cautious about seeking to break up or severely disable monopolists in high-tech industries, U.S. Federal Trade Commission Chairman Robert Pitofsky said. Pitofsky, whose agency is conducting a broad investigation of dominant computer-chip maker Intel Corp., said the complexity and dynamism of high-tech industries should give antitrust enforcers pause when they investigate fields such as computers, biotechnology, pharmaceuticals, communications and international credit and finance. ''My own tentative view. . . is that antitrust enforcers should proceed cautiously in breaking up or mandating access to an existing network, even when that network is dominant,'' Pitofsky said in a speech to an American Bar Association workshop in Scottsdale, Arizona. Pitofsky said prudence is particularly important in fields involving intellectual property because of the importance of encouraging innovation. Although Pitofsky mentioned Intel and Microsoft Corp. only in passing, his remarks could signal that the FTC isn't likely to seek major changes to Intel's business practices in its antitrust suit set to go to trial March 9. And they came as the U.S. Justice Department considers a range of remedies, including a possible breakup, in its antitrust case against Microsoft. ''It's a way of signaling to the business community that we are aware that these are extremely serious measures and would have to be undertaken very carefully,'' said Bill Kovacic, an antitrust professor at George Washington University. Unique Problems Pitofsky, an antitrust scholar and the head of the FTC since 1995, said the high-tech industries present unique problems for antitrust enforcers. Among other things, he said those fields involve rapid marketplace changes, a need for collaborative research and development, and extraordinarily high entry costs. Pitofsky, 69, was quick to say those industries shouldn't get a pass from antitrust enforcers. ''Antitrust should -- indeed must -- continue to apply,'' he said. ''None of the 'high-tech differences' justifies a complete or even substantial exemption.'' Still, he pointed to the ''perplexing'' questions posed by the economics of many high-tech industries. He cited an economic concept known as ''network efficiencies,'' under which some products become more valuable to buyers as more people acquire them. For example, an owner of a fax machine benefits when other people buy compatible machines. And consumers are likely to get better software if developers devote all their resources to creating applications for one, dominant computer operating system, rather than dividing their attention among several systems. ''On the one hand, such networks are efficient and occasionally inevitable,'' Pitofsky said. ''On the other hand, they increase the likelihood that one firm, by achieving a critical mass, will dominate a market or retain market power for an extended period of time.'' Intel Case The FTC already has filed a narrow antitrust case against Intel and is considering broader charges. The agency accuses Intel of withholding information from Intergraph Corp. and others after those companies accused the chipmaker of patent infringement. Intel denies any wrongdoing. In a related, private lawsuit by Intergraph, a federal judge said access to Intel's products, particularly information about advance versions of new chips, was an ''essential facility.'' That phrase describes a legal status that prevents companies from exercising proprietary rights to a product that has become an industry standard. Pitofsky today said government antitrust enforcers should be slow to seek similar remedies, saying they should be cautious about ''mandating access'' to products. ''For the time being, until we know more about the origins and significance of network efficiencies,'' he said, ''antitrust should probably concentrate in most situations on its traditional role of ensuring that companies achieve network monopolies through legitimate competitive conduct, and that they maintain the network dominance only through superior skill, foresight and industry -- not by unnecessarily exclusionary conduct.'' NYSE/AMEX delayed 20 min. NASDAQ delayed 15 min.