Sherman Antitrust Case Study

Mytinger & Casselberry had violated two acts, section 3 of the Clayton Act and Section 5 of the Federal Trade Commission Act, according to www.investopedia.com the Clayton act in short, “tries to prohibit acts that lead to anti-competitiveness”, and the Federal Trade Commission Act according to www.wikipedia.org grants “power to investigate and prevent deceptive trade practices”.

In closing, Justice Abe Fortas and Justice Hugo Black both give valid testimony for their side of the argument; however, Fortas’ profusion of cited evidence outweighs Black’s mainly opinionated case. And even though this may seem like just another court case to be cited one day, it can go a long way in protecting students’

seemed like an impossibility at the time though, this case was just another civil rights

The Justice Department maintains that the most critical concern involved Microsoft’s agreement to license a code to other companies, which allows rival products to communicate with Windows software. As of January 17, 2004, only eleven companies have chosen to license this code, most of which are not much competition for Microsoft. In addition, many companies are accusing Microsoft of demanding unreasonable fees and tedious restrictions for the code license (Krim, 2004).

related to the second case, being the second case was fought to reverse the outcome of the first

This case to place in 1954 and helped to end the segregation laws that withheld black and white schools being integrated. Before I

step by step. The fact that he oversaw the actual court case, also proves it. He could have

The war between Microsoft and the Department of Justice actually began with the rollout of Windows 95. In an attempt to gain a greater market share of the Internet browser arena, Microsoft began packaging Internet Explorer as part of their Windows operating system. Microsoft required their original equipment manufacturing (OEM) companies to install Microsoft Internet Explorer and Microsoft Networking software on every personal computer they sold along with icons for each application prominently displayed on the user's desktop.

The laws that the prosecution will use are People v. DiStefano, People v. Mitchell, and People v. Jenkins.

The government, for example, contends that some of Microsoft's business agreements with Internet service providers and Internet content providers, which restrict their ability to promote non-Microsoft browsers, violate Section 1 of the Sherman Act. The government also alleges that Microsoft has violated Section 2 by engaging in anti-competitive actions to preserve its Windows monopoly and to extend that monopoly into the browser market (2).

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

Examples of unfair competition include false advertising, misrepresentation, the misappropriation of trade secrets, and other similar acts.

Microsoft and its supporter’s claims that they are not breaking any laws, and are just

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

As Microsoft and the software industry grew, the computer hardware manufacturers no longer saw the opportunity to exploit Bill Gates= company, as they had done initially with BASIC, one of the first programs Microsoft