Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9401144079
Total Pages : 303 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace by : Jeffrey A. Eisenach

Download or read book Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace written by Jeffrey A. Eisenach and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do the antitrust laws have a place in the digital economy or are they obsolete? That is the question raised by the government's legal action against Microsoft, and it is the question this volume is designed to answer. America's antitrust laws were born out of the Industrial Revolution. Opponents of the antitrust laws argue that whatever merit the antitrust laws may have had in the past they have no place in a digital economy. Rapid innovation makes the accumulation of market power practically impossible. Markets change too quickly for antitrust actions to keep up. And antitrust remedies are inevitably regulatory and hence threaten to `regulate business'. A different view - and, generally, the view presented in this volume - is that antitrust law can and does have an important and constructive role to play in the digital economy. The software business is new, it is complex, and it is rapidly moving. Analysis of market definition, contestibility and potential competition, the role of innovation, network externalities, cost structures and marketing channels present challenges for academics, policymakers and judges alike. Evaluating consumer harm is problematic. Distinguishing between illegal conduct and brutal - but legitimate - competition is often difficult. Is antitrust analysis up to the challenge? This volume suggests that antitrust analysis `still works'. In stark contrast to the political rhetoric that has surrounded much of the debate over the Microsoft case, the articles presented here suggest neither that Microsoft is inherently bad, nor that it deserves a de facto exemption from the antitrust laws. Instead, they offer insights - for policymakers, courts, practitioners, professors and students of antitrust policy everywhere - on how antitrust analysis can be applied to the business of making and marketing computer software.

The Microsoft Antitrust Cases

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Author :
Publisher : MIT Press
ISBN 13 : 0262319225
Total Pages : 461 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis The Microsoft Antitrust Cases by : Andrew I. Gavil

Download or read book The Microsoft Antitrust Cases written by Andrew I. Gavil and published by MIT Press. This book was released on 2014-11-28 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age. For more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft—in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era—was unprecedented. In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft—from beginning to end—and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies—all lessons learned from the Microsoft cases.

Winners, Losers & Microsoft

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Author :
Publisher : Independent Institute
ISBN 13 : 1598132717
Total Pages : 467 pages
Book Rating : 4.5/5 (981 download)

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Book Synopsis Winners, Losers & Microsoft by : Stan J. Liebowitz

Download or read book Winners, Losers & Microsoft written by Stan J. Liebowitz and published by Independent Institute. This book was released on 2015-11-23 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few issues in high technology are as divisive as the current debate over competition, innovation, and antitrust. Analyzing famous examples of economic “lock-in” by dominant corporations of supposedly inferior products, this book makes the case that free markets in high technology industry deliver better products to consumers, at lower prices, without government intervention. This publication's careful scholarship, well-founded hypotheses, and refutations of previously accepted theories—extending far beyond the Microsoft case—make this publication a vital piece of understanding for the future of technology and economics.

Winners, Losers & Microsoft

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Publisher :
ISBN 13 :
Total Pages : 358 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Winners, Losers & Microsoft by : S. J. Liebowitz

Download or read book Winners, Losers & Microsoft written by S. J. Liebowitz and published by . This book was released on 2001 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few issues in high technology are as divisive as the raging debate over competition, innovation, and antitrust. Why do certain products and technologies become dominant while others fail? Is there something about high technology that makes markets less dependable at choosing goods and services? Will the robust competition and technological advances of the past two decades continue? Or, will they be suffocated by larger firms employing monopolistic practices? Is antitrust primarily employed against monopolies to increase competition for the benefit of consumers, or is it actually a vehicle that firms use against their rivals to restrict the competitive process? This book examines these and other questions confronting high-technology markets.

Dynamic Competition and Public Policy

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Publisher : Cambridge University Press
ISBN 13 : 9780521782500
Total Pages : 298 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Dynamic Competition and Public Policy by : Jerome Ellig

Download or read book Dynamic Competition and Public Policy written by Jerome Ellig and published by Cambridge University Press. This book was released on 2001-04-23 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars explore antitrust issues as these relate to dynamic industry competition and public policy.

Progress On Point - In Defense of Antitrust

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Progress On Point - In Defense of Antitrust by :

Download or read book Progress On Point - In Defense of Antitrust written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the contrary, even before Judge Penfield Jackson's findings of fact, many conservatives -- including both Reagan-era Chairmen of the Federal Trade Commission -- supported the Justice Department's decision to bring the case.1 Now that Judge Jackson has more or less settled the issue of liability2, the debate is turning to the issue of remedy. [...] Collectively, the children of broken-up corporate marriages tend to fare remarkable well - better than many others have under kinder, gentler remedies that stopped well short of a breakup.3 • Judge Robert Bork: In the end, there are only three choices: restoration of competition by antitrust enforcement, comprehensive regulation of the industry or * Shelley Obringer is Director of Communications a. [...] Change is the air Americans breathe.6 • The Economist: The judge's findings are much more than a rejection of Microsoft's trustworthiness. [...] That points to structural remedies, which are anyway preferable as a matter of antitrust law.9 How can one explain all of these conservatives taking the position they have? The answer may lie in a letter sent to members of Congress by a group of Reagan-era antitrust officials last year. [...] Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace, The Progress & Freedom Foundation, 1999.

Competition in the Evolving Digital Marketplace

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Publisher :
ISBN 13 :
Total Pages : 190 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Competition in the Evolving Digital Marketplace by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy

Download or read book Competition in the Evolving Digital Marketplace written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy and published by . This book was released on 2011 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Microsoft, Antitrust and the New Economy: Selected Essays

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 0306476002
Total Pages : 486 pages
Book Rating : 4.3/5 (64 download)

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Book Synopsis Microsoft, Antitrust and the New Economy: Selected Essays by : David S. Evans

Download or read book Microsoft, Antitrust and the New Economy: Selected Essays written by David S. Evans and published by Springer Science & Business Media. This book was released on 2006-04-11 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: No antitrust case in recent history has attracted as much public attention as U.S v. Microsoft Corp. Nor has any antitrust case in memory raised as many complex, substantive issues of law, economics and public policy. Microsoft, Antitrust and the New Economy: Selected Essays constitutes an early effort to analyze some of the central issues and to put the case in the context of the ongoing debate over the role of government in managing markets - especially in technology driven New Economy industries. All of these essays, it should be noted, are written by critics of the government's efforts to regulate Microsoft. Indeed, many are by individuals who were closely involved in the company's legal defense and served as consultants to Microsoft. But their work should be judged on the merits rather than their provenance. For all represent serious scholarship by researchers committed to advancing the debate over government regulatory policies.

The Microsoft Case

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Publisher : University of Chicago Press
ISBN 13 : 0226644650
Total Pages : 363 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis The Microsoft Case by : William H. Page

Download or read book The Microsoft Case written by William H. Page and published by University of Chicago Press. This book was released on 2009-10-15 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems. More than ten years later, the case is still the defining antitrust litigation of our era. William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare. The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies. They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age. “This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University

Intellectual Property and Antitrust

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1849809631
Total Pages : 289 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Intellectual Property and Antitrust by : Mariateresa Maggiolino

Download or read book Intellectual Property and Antitrust written by Mariateresa Maggiolino and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings to bear Professor Maggiolino?s considerable skills as a comparative competition law scholar on what is perhaps the single most important competition policy issue facing us today - namely, how to use IP policy and competition policy in tandem to further both economic competition and competition in innovation. Professor Maggiolino?s book covers a large range of IP practices by dominant firms where competition law can be invoked, including "sham" litigation and product design, improper infringement actions, predation, and refusals to license. This book is well researched, well written, and completely up to date. Every serious competition law/antitrust and intellectual property scholar and practitioner should regard it as "must" reading.

EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183256
Total Pages : 442 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility by : Inge Graef

Download or read book EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility written by Inge Graef and published by Kluwer Law International B.V.. This book was released on 2016-10-17 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.

Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319572
Total Pages : 330 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US by : Thorsten Käseberg

Download or read book Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US written by Thorsten Käseberg and published by Bloomsbury Publishing. This book was released on 2012-06-08 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.

Regulating Digital Industries

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Publisher : Brookings Institution Press
ISBN 13 : 0815739826
Total Pages : 499 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Regulating Digital Industries by : Mark MacCarthy

Download or read book Regulating Digital Industries written by Mark MacCarthy and published by Brookings Institution Press. This book was released on 2023-11-07 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulating Digital Industries is the first book to address the tech backlash within a coherent policy framework. It treats competition, privacy and free speech as objectives that must be pursued in a coordinated fashion by a dedicated industry regulator. It contains detailed discussions of current policy controversies involving social media companies, search engines, electronic commerce platforms and mobile apps. It argues for new laws and regulations to promote competition, privacy and free speech in tech and outlines the structure and powers of a regulatory agency able to develop, implement and enforce digital rules for the twenty-first century. Deeply informed by the history of regulation and antitrust in the United States, it brings to bear insights from the breakup of AT&T and the Microsoft case and from broadcasting and financial services regulation to enrich the discussion of remedies to the failure of tech competition, the massive invasion of privacy by digital firms and the information disorder perpetuated by social media platforms. It offers a comprehensive summary of regulatory reform efforts in the United States and abroad and shows how accomplishing the goals of these reform efforts requires the establishment of a single digital agency with jurisdiction to reconcile and balance the complementary and conflicting goals of promoting competition, protecting privacy, and preserving free speech in digital industries. It discusses in detail how a digital regulatory agency would be structured and the powers it would need to have. It confronts head on some of the challenges in establishing a strong digital regulator including the First Amendment roadblock that limits government authority over digital speech and the judicial opposition to the expansion of the administrative state. It is essential reading for policymakers, public interest advocates, industry representatives, academic researchers and the general public interested in a coherent policy approach to today’s tech industry discontents.

Microsoft, Antitrust and the New Economy: Selected Essays

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 0792376676
Total Pages : 486 pages
Book Rating : 4.7/5 (923 download)

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Book Synopsis Microsoft, Antitrust and the New Economy: Selected Essays by : David S. Evans

Download or read book Microsoft, Antitrust and the New Economy: Selected Essays written by David S. Evans and published by Springer Science & Business Media. This book was released on 2002-03-31 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays, written by critics of the government's efforts to regulate Microsoft, constitute an effort to put the case in the context of the ongoing debate over the role of government in managing markets - especially in technology driven new economy industries.

The Internationalisation of Competition Rules

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Publisher : Routledge
ISBN 13 : 1135212058
Total Pages : 447 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis The Internationalisation of Competition Rules by : Brendan J. Sweeney

Download or read book The Internationalisation of Competition Rules written by Brendan J. Sweeney and published by Routledge. This book was released on 2009-09-10 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. A critical issue is whether some form of international rule-making is required, or whether soft law solutions are sufficient. Competition rules may be required to combat the damage done by global cartels and to diffuse the tensions created when more than one nation seeks to regulate the same conduct. Competition rules may also be required to protect the integrity of the world trading system. International rule-making, however, presents its own problems, not the least of which is a concern with protecting national sovereignty.

Antitrust

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Author :
Publisher : Vintage
ISBN 13 : 0525563997
Total Pages : 625 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis Antitrust by : Amy Klobuchar

Download or read book Antitrust written by Amy Klobuchar and published by Vintage. This book was released on 2022-01-18 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: NATIONAL BESTSELLER • Antitrust enforcement is one of the most pressing issues facing America today—and Amy Klobuchar, the widely respected senior senator from Minnesota, is leading the charge. This fascinating history of the antitrust movement shows us what led to the present moment and offers achievable solutions to prevent monopolies, promote business competition, and encourage innovation. In a world where Google reportedly controls 90 percent of the search engine market and Big Pharma’s drug price hikes impact healthcare accessibility, monopolies can hurt consumers and cause marketplace stagnation. Klobuchar—the much-admired former candidate for president of the United States—argues for swift, sweeping reform in economic, legislative, social welfare, and human rights policies, and describes plans, ideas, and legislative proposals designed to strengthen antitrust laws and antitrust enforcement. Klobuchar writes of the historic and current fights against monopolies in America, from Standard Oil and the Sherman Anti-Trust Act to the Progressive Era's trust-busters; from the breakup of Ma Bell (formerly the world's biggest company and largest private telephone system) to the pricing monopoly of Big Pharma and the future of the giant tech companies like Facebook, Amazon, and Google. She begins with the Gilded Age (1870s-1900), when builders of fortunes and rapacious robber barons such as J. P. Morgan, John Rockefeller, and Cornelius Vanderbilt were reaping vast fortunes as industrialization swept across the American landscape, with the rich getting vastly richer and the poor, poorer. She discusses President Theodore Roosevelt, who, during the Progressive Era (1890s-1920), "busted" the trusts, breaking up monopolies; the Clayton Act of 1914; the Federal Trade Commission Act of 1914; and the Celler-Kefauver Act of 1950, which it strengthened the Clayton Act. She explores today's Big Pharma and its price-gouging; and tech, television, content, and agriculture communities and how a marketplace with few players, or one in which one company dominates distribution, can hurt consumer prices and stifle innovation. As the ranking member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, Klobuchar provides a fascinating exploration of antitrust in America and offers a way forward to protect all Americans from the dangers of curtailed competition, and from vast information gathering, through monopolies.

Trust On Trial

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Author :
Publisher : Basic Books
ISBN 13 :
Total Pages : 314 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Trust On Trial by : Richard B. McKenzie

Download or read book Trust On Trial written by Richard B. McKenzie and published by Basic Books. This book was released on 2000-04-06 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: A professor of economics presents an incisive argument proving that current rules of business competition are rendered obsolete by the dynamics of information-age companies.