Lorris Benhamou MBA Student
September 4th, 2012
United State of America vs. Microsoft Corporation No 98-1232 TPJ (DDC July 1, 2002)
In this case Microsoft Corporation is suited by the United State of America, this case concerns the Antitrust and trade regulation topic of the law, Microsoft is suited for illegal thwarting and violation of the Sherman act section 1 and 2. Some elements are required to be qualifying of a violation of the Sherman act, for the Section 1, three elements are necessary: first it should have an agreement, secondly this agreement should unreasonably restrains completion and finally it should affect interstate commerce. Regarding the Second section of The Sherman Act two main elements are required : the “possession of monopoly power in the relevant market” and “the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident”. Microsoft is a worldwide company in the computing sector and has a dominant position in the computer operating system sector, this case began during the 90s, the plaintiff is the United States of America and the defendant is Microsoft. On May 18, 1998, the United States of America and a group of State plaintiffs filed separate (and soon thereafter consolidated) suited Microsoft for abusing its monopoly and for having an illegal antitrust behavior. The US government alleged that by shipping Internet explorer browser along with windows OS 1995, Microsoft was ensuring its own monopoly. Microsoft also according to the United State and some companies did not want to make compatible the internet explorer with the other operating system, by engaging a range of exclusion for the Mediaware program which is supposed to make software compatible with any operating system. The main issue in this case would be according to me: Does Microsoft Corporation has the right to take advantage of its dominant position on...
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