Micro + Soft - The Split Of An Empire Essays - Competition Law

Micro + Soft - The Split Of An Empire Micro + Soft - The Split of an Empire Kendra Phelps BUS 415.3 / Business Law Rob Goodwin July 5, 2000 Table of Contents I. Introduction: The Allegations and the Laws 3 II. Introduction: The Proof 4 III. Trial 5 Table 1 6 IV. The Proposal 8 V. Microsoft's Response 9 VI. The Foes and Their Thoughts 11 VII. Current Status and Discussion 12 VIII. Recommendations 15 References 18 Micro + Soft - The Split of an Empire Could the megalosaurus business that was conceived in 1975 really be split in two - or three? This is what U.S. District Court Judge Thomas Penfield Jackson has decreed in order to put a stop to the monopolistic shenanigans that Microsoft calls business as usual. The Department of Justice (DOJ) and 20 states are suing Microsoft Corporation in one of the largest antitrust lawsuits brought about since the investigation and ensuing breakup of AT&T in 1984. If Judge Jackson gets his way, Microsoft (MS) could very well be two different companies sparring with each other. I. Introduction: The Allegations and the Laws Essentially, the plaintiffs are charging Microsoft with the following three violations: 1) Microsoft has waged an criminal campaign in defense of its monopoly position in the market for operating systems designed to run on Intel-compatible personal computers (PCs). More specifically, the plaintiffs contend that Microsoft violated Section 2 of the Sherman Act by engaging in a series of exclusionary, anticompetitive, and pillaging acts to maintain its monopoly power. They also assert that Microsoft attempted, although unsuccessfully to date, to monopolize the Web browser market, which is also in violation of Section 2 of the Sherman Act. Finally, they claim that some specific measures taken by Microsoft as part of its campaign to protect its monopoly power, specifically, tying its browser to its operating system and entering into exclusive dealing arrangements, are also a violation of the Sherman Act, Section 1 . II. Introduction: The Proof The plaintiffs have already shown at trial that MS possesses an extremely dominant, persistent, and increasing share of the relevant market. Microsoft's share of the worldwide market for Intel-compatible PC operating systems currently exceeds 95 percent, and the company's share would rest well above 80 percent even if the Mac OS were included in the figures. The plaintiffs also proved that the applications barrier to entry protects Microsoft's dominant market share. This barrier ensures that no Intel-compatible PC operating system other than Windows can attract significant consumer demand, and the barrier would operate to the same effect even if Microsoft held its prices substantially above the competitive level for a protracted period of time. Together, the proof of dominant market share and the existence of a substantial barrier to effective entry create the presumption that Microsoft enjoys monopoly power. Microsoft did not create the barrier to entry all by itself, the consumers' preferences helped this along, however, Microsoft took specific predatory measures to make sure that its product attracted the market and ultimately trapped the market. Section 2 of the Sherman Act prohibits the act of monopolization. This means that the act itself is unlawful, not monopolies. It states that Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or person, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony. Here is the law - the plaintiffs found the proof. They found it in many of MS's actions and in their contracts with distributors and they have written testimony, records, and even admissions by MS of their many actions. Yet, MS still maintains that it is not a monopoly. Unfortunately for MS, there are only two defenses to the allegation of monopolizing that have been acknowledged. One is the defense of innocent acquisition, meaning that they somehow gained acquisition (or purchased) because of superior skills or foresight and that it wasn't calculated or targeted. The second defense for monopolizing that is recognized is a natural monopoly. This means that there would be a very modest market that could only support one competitor, such as a small town coffee shop, newspaper, or video store. Obviously, Microsoft doesn't fit into either category, and if it did fit into one of

Are You Too Sick For a Midterm Sample Essay?

Are You Too Sick For a Midterm Sample Essay?When it comes to taking the SAT or ACT, you may not be as sick as you thought that you were. You might think that the exams are a complete rip-off of students that were not as healthy as you thought they were, but you are wrong.This is because you have to take the right tests for your age group. Those who were healthy will have no problem at all. Those who were sick can certainly take the exam, but there is no way that you can find out exactly what you need to do for your test.Some of the better Arizona high school students often fail out of their classes simply because they did not know the difference between the practice tests and the actual test. If you have been putting off that official exam, then it is time to make up your mind and go to the testing center.It is highly recommended that you take these tests during the early part of the school year. After all, if you failed to study properly for the tests during the last quarter of the year, then it is not only going to be tough, but it is also going to be difficult to get into the top 10 percent of the class. Getting through the entire semester is going to be much easier if you can get through your last quarter of the school year with flying colors.It is recommended that you get started on your studying two weeks before the tests come out but don't need to wait until the end of the semester. In fact, it is recommended that you start doing a few tests right after you get done with your homework. This is a great way to get in some extra practice for the actual tests.Some of the best students that have been sick for the past few quarters are Arizona high school students. If you have missed out on a couple of quarters of study, then your chances of passing this test might be limited. Just make sure that you focus on reading and understanding all of the answers.You also want to make sure that you pace yourself when it comes to taking these tests. You should take two e xams per month, and you can take the test in the afternoon or evening when you have the time. Not only will this help you to understand the material better, but it is going to help you relax and sleep better while you are studying.You should take this exam in the morning, preferably while you are still tired from a night of studying. If you are not sure that you can pass this exam without sitting down and writing, then you might want to just skip the exam. Even if you are too sick for the midterm, you can take the test on paper, if you do not feel well enough to drive to the testing center.