Gli insegnamenti del caso Microsoft

Pierluigi Sabbatini

Mercato Concorrenza Regole, 2001, issue 2, 327-342

Abstract: The Microsoft case affects an economic sector strongly permeated by network externalities, vertical competition, agreements between competitors and barter like exchanges. Such characteristics make any antitrust intervention particularly complex. In this short note we examine the most remarkable aspects of the case and explain, sometimes critically, the solutions adopted by judge Jackson in his ruling. We will stress his traditional approach as to the detection of the Microsoft dominant position and as to the evaluation of tying and predatory behaviour. More innovative attitude emerges with respect to the emphasis given to the Microsoft intents, to the approach followed towards intellectual property rights protection and to the adoption of the corrective measures.

Date: 2001
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