September 20, 2007
Microsoft v. European Commission: a victory for innovation & for the consummer
Analysis:
Lest one would be swayed by intemperate remarks from publicity-seeking politicians, three facts must be borne in mind:
1 Windows has a market share of about 90% of operating systems; this makes its attitude towards rivals (& its ability to stymie them) uniquely significant.
2. The basic competition principles the EC fought on, & that were vindicated by the Court, were interoperability and no extension of monopoly power into new markets. Whatever the industry, in the absence of such rules, innovation & the emergence of rival firms are smothered.
3. This ruling should not be misconstrued as a transatlantic rift. Many of the parties that spoke against Microsoft were unimpeachably US companies, such as Adobe Systems, IBM, Linspire, Oracle, RealNetworks, Red Hat, and Sun Microsystems. A very similar ruling might have been handed down by American courts, had the DoJ & FTC under their current leadership not adopted a rather lenient view of abuses of market power by dominant companies.
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