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    /(/ wed.nov.20011114.1449 /)/
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    Unfortunately unedited .
     
     / ==================== / wed.oct.20011024 / ==================== /
    18-1930/ Federalist Society @ NYC Cornell Club , 6 E 44 :
      The Microsoft antitrust case .
     Increasing Anti-trust atacks by Governments
     around the World , at least before 0911 , when restrictions of
     movement in the name of security ( Herding ) , and Government
     BailOuts ( Forced charity ) eclipsed such parochial concerns ,
     has been becoming one of the great threats to free trade and our
     well being . The clearest example of this has been the the EU's
     " Commissioner of Competition " ! OxiMoron !  Mario Monti's killing the merger
     of GE and Honeywell 
    
     Robert A. Levy, Senior Fellow , Constitutional Studies at Cato
       / not there /  Wall Street Journal's John Fund
     Kenneth W. Starr
     Kevin Arquit, former dir Bureau of Competition @ FTC ,
    RSVP : Dean Reuter , Federalist Society , WDC . 202-822-8138.
     cklein@cato.org
    
    /1804/ was postponed : glorious panal :
     Bob Levy : CVA investment teks , then Law , Cato
     Kevin Arquit, Cornell , former dir Bureau of Competition @ FTC , NBA
     Nicholas Economindes : Stanford : published on MS case
     Lars Liebeler : CompTIA amicus brief .
     Kennith Starr : ex solicitor general :
    
     Panel somewhat weighted ( toward anti- anti-trust ) .
      Tomorrow coming out party for XP .
    
     Bob Levy : Cato . CVA investment teks , then Law :
      Why should never have been filed :
      transformed private property to government redistribution .
      No one other than owner has rights to dispose of creations .
     2 ) anti trust fluid and murky .
     3 ) anti trust based on static mkt . Mkt move faster than anti trust .
      ast Word perfect ,
     4 ) market defined as desktop Intel single user . left out Apple ,
        Linux .  .15 sold naked w/o any OS .
     5 ) antitrust lawyers don't know busn . say govt planners know best .
         Real issue : who gets to decide .
         
     6 ) wielded by wrench seeking competition .
          Get government we ask for .
     7 ) Government created barriers to entry :  True barriers only
        possible by gov :   tarrifs , quotas .
     8 ) Inevitably used by unscrupulous polititian for own purposes
       Nixon to Colson /  David Burn `96 : Abuse of Power
       Adam Smith : heads of businesses get to make the decisions .
    
    Kevin Arquit, Cornell , former dir Bureau of Competition @ FTC :
     Agrees Sherman act open to abuse .  Now is economic analysis
      for consumer welfare .  Worked at FTC under Reagan :
      monopolization with exclusionary behavior . Hi tek same special
     interest argument as any other industry - steel , agriculture .
     MS case - appeal court ruled 7 - 0 :
      1 ) is monopolist . of course .
      2 ) Doug Ginsberg : 12 instances : cannot change Icons on top
        screen . MS had copyright argument .
        Explorer not allowed to be deleted from scring
      3 ) comingled code - some don't want .
      4 ) consciously deceived developers .
      MS XP more of same mingling .
    Rebuttal already :
    Nicholas Economindes : Stanford : published on MS case .
     only one who not involved in case .
     Have consumers been hurt ? before IE explore paying $45 for
     netscape ?  now nothing . MS product equal to NS .
     Future consumers harmed ? then wait till then .
     MS was . given price for hardware , MS should be charging $1800 .
     were charging $60 . So market must be far more competitive than
     appears . Hook & squeeze - at .9 of mkt , why have they not
     started squeezing . Pirating ? other products - Office $500 .
     Reason : actual and potential competition .
     2 ) Standard in network industries for behavior : Notions of
       hving 1000s of firms -  in networks will always be very large
      market share s.   Apple .05 mkt share :  Bee < .01 - even cheaper
     Remedies : good that not broken up .  Regulate as essential
      utility like fone . Impose restrictions on contracts MS can
      write .  option 2 : explicit price list w quantity discounts .
        3 ) disclosure of internals . NS does not have same access to
          APIs .
      Very far from what was imposed by court .
     Lars Liebeler : CompTIA amicus brief .  Since  June 28 :
      Case not abt MS's monopoly . vast array of benefits .
      Found liable for illegially preserving monopoly . Jackson
      failed to find causal connection - didn't even look at .
      Simply enjoin MS's unlawful behavior . If no causal conduct
       Page 61 , Starr w bring up 99 , 100 , 105 :
      What is right by consumers ? give up intellectual property
      to competitors ?  NS had .8 of market . Quality of both
      products went way up & cost down .  AOL responded by improving
      and coming down in price .  AOL still the market leader .
      Standard oil kerosend .3 % gal , 1870 , by e 0 century ,
      .06 % gallon .  Nothing MS does excluded anyone .
      Flawed proposition that consumers are lazy & stupid .
     email Gov stay of mkt :
    /1855/ Kennith Starr : cockles - process : Frankfurter history
     of freedom is history of process . Bush admin for freedom .
     Charles James knows how to dismiss a case : merits assesment
      not seen as policy but legal issue .
     2 days of arguments . enbank opinion : Page 11 of Slip opinion
      Brandis : data data data . record in the case :
      Page 14 : anti-competitive conduct : superior product , business
      accumen . restrictions in contracts limiting what OEM could offer
      end users . HP , Gateway /1902/
    BobLevy : Opening screen . OEMs can remove almost all , can install
     - like presetting - try bringing own deserts .  Imagine if govt
     dictated opening screen .  NY Post bundles business section .
     Starr - had brightest Judges - they not legislators . NS failed
     to refute Jackson's facts . case patently absurd .
    KA : more like bundling set top box in TV . No inovation near
      MS space . Java , Hardware prices going down , OS up .
    LL : vertually everything reversed . Jackson speculated
    KS : Bob suggests anti-trust notion bad .  Generally policing tool .
      Libertarian view pure but hard to believe . Odd thing Jackson did
      - did not have remedial phase - be painstaking looking at unintended
     consequences .  Make sure do it right .
    NE : Prices - simple arguments did not occur in months of trial .
     Important to be rational business man .
    1917/ Qs : for Lebeler 12 bad activities . - derth of evidence of
     availabliity of NS .
      Pfizer & MS together ?
     Can site any anti-trust case in last century which helped consumers
     ? KA : ADM Lycene - infant formula . KS : catagory `80 highway
     construction bid rigging . ATT feels produced
     LL : price fixing -  on occassions govt lurches randomly : IBM
    Chris Garvey : MS breach of warrenty & merchantablilty .
    - Mkt reasonablly interchangable alternative - Apple ?  KA - crap .
     KS : even if apple included - still minor . set w/o considering rivals
      prices . LL : not required to look at other's prices .
     NE ; applications count -
    BL : Apple has 12000 apps running on its systems . Scott McNeally :
      Windows is dead - 2002 w b less than .5 MS . MS not growth mkt anymore
    /1932/ 
    

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    Contact : Bob Armstrong ; About this page : bob@cosy.com ; 212.285.1864
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