About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

75 Antitrust L.J. 847 (2008-2009)
Section 2 Remedies and U.S. v. Microsoft: What is to be Learned

handle is hein.journals/antil75 and id is 855 raw text is: SECTION 2 REMEDIES AND U.S. v. MICROSOFT: WHAT IS TO BE LEARNED? RENATA B. HESSE* I. INTRODUCTION As the possible expiration of the Final Judgments in the Microsoft case neared in the fall of 2007, the question loomed: what would the case's legacy be, in light of the remedy imposed by the district court? Would the expiration of the Final Judgments (assuming the court did not ex- tend them) bring to closure one of the most-if not the most-signifi- cant episodes of antitrust enforcement in the United States in the last decade? Or did the case stand for something more, entirely apart from the remedy and whatever effect it had on the marketplace? After a num- ber of years working on the Microsoft case while at the Antitrust Division of the U.S. Department of Justice, the significance of the case beyond the debate about the Final Judgments and their effectiveness became clear to me. In particular, as this debate evolved over time, it became clear that the issues that fueled the discourse on the remedy had signifi- cance well beyond Microsoft. One can and should view these discussions as being about the larger issue of remedies in Section 2 cases, and not just about the case itself. The anniversary of the Final Judgments-even though they have been extended by the district court-provides an opportunity to look back at the proceedings over the last ten years and to explore the interesting and novel issues that arose after the D.C. Circuit's June 2001 liability decision.' In particular, the specific terms of the Final Judgments re- sulted from months of negotiations between the Department, the states, and Microsoft. At least as to the Department's settlement, these negotia- * Member of the District of Columbia and California Bars. The author previously served as Chief of the Networks & Technology Section of the Antitrust Division of the U.S. Department ofJustice, where she oversaw the Division's work on the remedial portion of United States v. Microsoft Corp. With profound thanks to Franklin Rubinstein for his assis- tance in drafting and editing portions of this article. I United States v. Microsoft Corp., 253 F.3d 34 (D.C. Cir. 2001) (D.C. Circuit 2001).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most