Antitrust

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Michael Betts, United States Versus Microsoft: A Case Study, 3 OKLA. J.L. & TECH. 35 (2007)

Mr. Betts provides the final article of his three-part series. This article follows his second part, Standardization in Information Technology Industries: Emerging Issues under Section Two of the Sherman Antitrust Act, where he introduced possible implications of Section 2 of the Sherman Antitrust Act, and explicated the only relevant issue raised by standards competition in IT industries. That is, whether the winning firm has abused its power to maintain the monopoly. Refer to 3 Okla. J.L. & Tech. 34 (2007) for a full copy of Standardization in Information Technology Industries. Here, Mr. Betts analyzes this issue in the context of United States v. Microsoft Corp., 253 F.3d 34 (D.C. Cir. 2001).


Michael Betts, Standardization in Information Technology Industries:  Emerging Issues Under Section Two of the Sherman Antitrust Act, 3 OKLA. J.L. & TECH. 34 (2007)

"The e-Brief Plunging into the Information Age: The Effect of Current Competition Policy on United States Science and Technology Policy discussed whether the United States could effectuate its Science and Technology Policy (S&T Policy) in the face of antitrust regulation.  Its focus was on the United States' emphasis on strengthening its Information Technology (IT) industry and the problems antitrust regulation may pose to the industry.  However, the scope of the inquiry was limited to Section 1 of the Sherman Antitrust Act (Section 1).  A thorough analysis led to the conclusion that Section 1 afforded enough flexibility to promote, rather than hinder, the unabashed pursuit of United States S&T Policy.  The purpose of this e-Brief is to expand the scope by introducing possible implications of Section 2 of the Sherman Antitrust Act (Section 2) given the nature of competition in IT industries."


Michael Betts, Plunging into the Information Age:  The Effect of Current Competition Policy on United States Science and Technology Policy, 3 OKLA. J.L. & TECH. 33 (2007)

"Human civilization is on the brink of a new revolution.  No longer can one simply create commodities faster and cheaper and expect to come out ahead.  Instead, winners of the global scramble for economic supremacy will be those who develop talent, techniques, and tools so advanced that there is no competition.  To better cope with these aims of the new Information Age and maintain its global technological preeminence, the United States must actively pursue its Science and Technology Policy (S&T policy).  However, the question is whether current competition policy, under Section 1 of the Sherman Act, remains valid when one strives to foster innovative industries.  In other words, can the goals of S&T policy in the United States be effectively pursued in the face of current antitrust law?"