Government Regulation of the Microsoft Corporation
Does the government have the right to regulate large corporations, namely the Microsoft Corporation? If so, then to what extent can the government do so? Based on our research, it is the government’s responsibility to remedy Microsoft’s noncompetitive behavior in order to increase fair competition.
The Microsoft vs. the Government trial has many possible outcomes, which may affect a specific party. Not only does the outcome affect the Microsoft Corporation, but it also affects the rival companies and the consumer. Though not as eminent, the outcomes may also affect the future decisions against any other companies, possibly committing the same violations as Microsoft.
The
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“Microsoft’s share of the market for Intel-compatible PC operating systems is extremely large and stable,” 2. “Microsoft’s dominant market share is protected by a high barrier of entry,” 3. “Microsoft’s customers lack a commercially viable alternative to Windows” (“Microsoft: Court’s Findings of Fact”). The barrier of entry would “prevent an aspiring entrant into the relevant market from drawing a significant number of customers away from a dominant incumbent even if the incumbent priced its products substantially above competitive levels for a significant period of time” (“Microsoft: Court’s Findings…). Obviously, the rival companies such as, IBM and Apple, have found great fact, that in the most part, states that Microsoft is truly dismantling the competitive market. IBM and Apple created OS/2 and the Mac OS, respectively. Because of this “barrier of entry,” these top companies have not been able to “compete effectively with
Windows” (“Microsoft: Court’s…). Microsoft implies that there still is competition; such as Mac OS, Linux, and other operating systems. Though this claim may have support, the “District Court found that Windows accounts for a greater than
95% share…court also found that even if Mac OS were included, Microsoft’s share would exceed 80%” (United States Court of Appeals).
Microsoft may feel that there is competitiveness in the relevant market, the facts behind the claims of the rival
According to the Department of Justice, Microsoft used its resources and technology to drive other companies out of business, thereby eliminating the competition and creating a monopoly. Without competition, Microsoft was able to set prices and consumer conditions in a way that exceedingly benefited the company while ensuring a decreased amount of new competition because of the proprietary software installed in most PCs. (Competitive Processes, Anticompetitive Practices and Consumer Harm in the Software
Microsoft has their dominance of the industry at stake. They could potentially come out on top if left to continue their current tactics. They are masterfully “marketing their products” and it is paying off for them (Love, 1997).
Windows, a program that was created in 1983, but did not change the market significantly until 1990, has grown to control 94.1% of the operating system market (Newman). This has required other companies in the software industry to make all of their applications Windows compatible. Critics claim that Microsoft systematically eliminated all competition of other operating systems and software manufacturers. Microsoft also controls a large part of the software industry. According to sales from April 2002, Microsoft sold 89% of office software to consumers (Washington Post). Microsoft bundles these applications with the Windows operating system, which is, according to them, an effective technique. Critics assert that this forces other makers of office software, like Corel, to lose business, because consumers will not buy another application if one is already pre-installed. Critics point to the proposed 1995 merger between Microsoft and Inuit which ultimately failed. Inuit is the maker of the best-selling money management
On July 15, 1994, the United States sued Microsoft for unlawfully maintaining its monopoly in the market for PC operating system software. The lawsuit alleged that Microsoft engaged in anti-competitive marketing practices directed at PC manufacturers that distributed Microsoft operating system software preinstalled on its PCs. Microsoft began to levy fines against original equipment manufacturing (OEM) companies who distributed or promoted operating systems other than Microsoft. On August 21, 1995, Microsoft "consented" to a "Final Judgement" against them.
The government has been looking into Microsoft since 1990, when the Federal Trade Commission first started examining charges of monopolistic behavior. In 1995, Microsoft and the U.S. Justice Department reached a settlement that required the company to change a variety of business practices, including key aspects of its licensing agreements with personal computer makers (2).
America's century-old antitrust law is increasingly irrelevant to our current worldwide information technology market. This law is outdated, in accordance to the modern Microsoft situation, because in the past there wasn't technology as there is now. Recently the government has been accusing Microsoft as being a monopoly. "Techno-Optimists" claim that "efforts by government to promote competition by restraining high-tech firms that acquire market power will only stifle competition." Some analysts disagree. They concede that dynamic technology makes it tough to sustain market power. Still, consumers will want compatible equipment, which will lead them to buy whatever product other consumers are using,
The main empirical claim opposing sides disagree on is that Microsoft is deliberately trying to shut out its competitors in the software industry. While this issue might seem like a matter of opinion, there is hard evidence to back it up. The most striking example of Microsoft shutting out its competitors is with its Internet Explorer software. In 1997, Microsoft packaged an Internet Explorer Access Kit with Windows, thus shutting out Netscape, who did not create a similar service until nine months later. Unfortunately, purchasing the software from Netscape would cost $2000, whereas the service was free from Microsoft. To make matters even more interesting, Microsoft struck a deal with AOL where in exchange for using its Internet software, “Microsoft placed an AOL icon on its Windows desktop, leading more than a million new customers to sign up for AOL” (FAQ). Microsoft supporters assert that this service “increased general familiarity with the Internet and reduced the cost to the public of gaining access to it” (FAQ). However, critics suggest that Microsoft intentionally add the Internet Explorer feature to Windows in order to shut Netscape out the industry. Additionally, because Microsoft is so wealthy and powerful, it can be a hazard to the economy and consumers. If Microsoft ever crashed there would be complete economic chaos. Also, Microsoft controls the prices of their products and could decide to raise them at any time. Consumers would be forced
First, Microsoft ‘encouraged’ Compaq, Apple, and other computer manufacturers to promote only Internet Explorer, and to make that the default browser on their PC. This encouragement came in the way of threats to eliminate or delay licensing of operating systems, providing the browser for free to internet access providers, and bundling the software with the operating system under the guise of interactive ease for the consumer. This manipulation led to an increase in the browser’s sales by 45 to 50%, which paralleled the decline Netscape experienced in their market sales in 1998.6
The case against Microsoft was brought buy the U.S. Department of Justice, as well as several state Attorneys General. Microsoft is accused of using and maintaining monopoly power to gain an unfair advantage in the market. The case has been under observation for a long time, but the Justice department is having trouble coming up with substantial evidence against Microsoft. Specifically, the Department must prove:That Microsoft has monopoly power and is using it to gain unfair leverage in the market.And that Microsoft has maintained this monopoly power through "exclusionary" or "predatory" acts(Rule).Some say that Microsoft is only taking advantage of its position in the market and using innovative marketing strategies
It seems that the competition that has been brewing between Apple Inc. (NASDAQ: AAPL) and Microsoft Corp. (NASDAQ: MSFT) has never really died down from the late 1970s, even as both companies have had ups and downs in the stock market and in the consumer products market as well.
Microsoft has been fighting competitors in the Operating System fields as well as the Search field for many years. After Apple launched its new Macintosh computer, Microsoft came out with its first production of Windows which had a graphic user interface. Microsoft had 95% of all OS on individual PC’s in the 2000’s where apple only had about 2%-3% (Rivkin 2). A new venture that Microsoft was working toward was application software where the produced Microsoft Word and Excel. At first these two applications where not very popular on PC computers because WordPerfect and Lotus 1-2-3 where the main applications being run. Microsoft’s solution to this competition was
Microsoft (MS) is a multinational computer technology corporation that develops, manufactures, licenses, and supports a wide range of software products for computing devices. In the mid 1990’s, Microsoft held the monopoly in the production of Operating Systems (OS) for personal computers (PC). When their monopoly was threatened by Netscape, MS began bundling the Internet Explorer (IE) web browser with Windows, using cross-promotional deals with internet service providers (ISP), and prevented PC makers from customizing the opening screen showing Microsoft. These actions, which some view as illegal and unethical, dissolved any competition, raised the barriers of entry and inhibited
Mr. Gates’ also explains how Microsoft tackled the challenge of integrating the Internet to be compatible with various Microsoft products. The biggest dilemmas were determining what should be incorporated into the existing Microsoft products, what should be packaged as new products, and how should the Windows Operating System support the Internet. He gives frequent examples of how the other competing computer industry giants were able to succeed in the computer industry. A lot of success he points out was made through trial and error as well as learning from one’s mistakes. He talks about how Microsoft has learned from projects that have failed such as the Multiplan spreadsheet that went on to be developed into Microsoft Excel, and the Omega database that would become Microsoft Access. One suggestion that Mr. Gates makes in achieving company success is by
Considering that every computer manufactured in the United States and the world has to have an operating system in order to work Microsoft appears to be dominant in this arena. The company has been so dominant over the years that back in 1998 in a complaint filed against Microsoft in the U.S. District Court of the District of Columbia on May 18, 1998, the Justice Department declares unequivocally that "Microsoft possesses (and for several years has possessed) monopoly power in the market for personal computer operating systems" (U.S. v. Microsoft Corporation 1998).
In order to successfully market Windows 8, Microsoft has to motivate students to make the effort to be interested in Microsoft. Lyengar and Lepper (2000) point out that a lack of motivation can cause consumers to either defer the decision, search for alternatives, choose a default option or simply opt not to choose. All of these options do not favour Microsoft in any way. Deferring the decision or not making the decision at all reduces Microsoft’s presence and exposure to the market because this means that consumers are not willing to go that extra step to research Microsoft. Microsoft also does not want consumers to opt for the default option, due to Apple’s immense brand image and popularity, especially to students Apple has become the protypical brand leader which only diminishes Microsoft’s perception with consumers. Motivation is highly affected from external competitors such as Apple’s iOS and Google’s Android operating systems.