The power crisis in California now threatens to shut down Silicon Valley--and if Silicon Valley goes, it could end up shutting down America's economy. To save itself -- and the rest of us -- what should California do? That depends on what the problem is. Some say the...
The biggest question about anti-trust law is whether there really is any such thing. There are anti-trust theories and anti-trust rhetoric, as well as judicial pronouncements on anti-trust. But there is very little that could be called law in the full sense of rules...
Think about the government's case against Microsoft and, just as importantly, it's implications for our liberty. Let's ask a general question just to get started. If there's an act we all agree is immoral and unacceptable when done by an individual, does that act...
The Microsoft antitrust case represents a breathtaking and frightening extension of antitrust law to a new American technological industry that is the envy of the rest of the world.
I was saddened to see the lead article in last Tuesday's (12/5/00) Wall St. Journal "Microsoft Tries to Lob Monkey Wrench Into AOL-Time Warner Deal." In the story, reporters alleged Microsoft might be cooperating with the Federal Trade Commission to provide evidence...
In a decision generally hailed as a victory for Microsoft, the Supreme Court rejected the government's plea to hear a direct appeal of the government's Antitrust case against Microsoft. In April, Judge Thomas Penfield Jackson ruled that Microsoft had violated...
Most of us can name no more than a dozen antitrust prosecutions under the Clinton Administration. However, since 1994, the Department of Justice has filed over 500 antitrust suits against American companies. The majority of suits went unnoticed, and only a select few...
Tiger Woods' remarkable run of success continues. In winning the last three major tournaments, two by record margins, he set new standards of golfing excellence while his competitors fought over second place. Some media commentators have wondered whether his success...
Good afternoon.I want to address four issues regarding anti-trust as they apply to the Microsoft case.Anti-trust Paralyzes the Thinking ProcessIn my research on the traits of great wealth creators (The Prime Movers: Traits of The Great Wealth Creators), I identified...
The antitrust laws and their enforcement are every bit as arbitrary as the "perfect competition" doctrine. Consider only those provisions relating to price setting. If a business sets a price above the prices of its rivals, it can be charged with "intent to...
Antitrust law relies heavily on flawed economic theory--particularly its theory of competition. It's a view held explicitly or implicitly by most economists, politicians, and journalists. It's been taught for decades in the universities. Unfortunately, it's also a...
From the time great business leaders were first maligned as "Robber Barons," socialists have tried to obscure the difference between economic power and political power. They've insisted, against all evidence, that productive giants such as Andrew Carnegie, John D....
Most of you will recall the scandal during the winter Olympics a few years back, when disgruntled skating competitor Tanya Harding hired a thug to take a pipe to the shins of Nancy Kerrigan. Harding was envious of Kerrigan's superior ability and tried to cripple her...
In a recent speech to businessmen at a technology industry conference, Senator Orrin Hatch (R-UT), a long-time proponent of breaking up Microsoft, stated that he supported "strict enforcement of antitrust laws" because they are "essential to the health of the economy...
Earlier this month US District Court Judge Thomas Penfield Jackson issued his "conclusions of law" in the Microsoft antitrust case. BAM! Nearly $90 billion in value was destroyed--at Microsoft alone. The firm's stock plunged 14%. The broader NASDAQ index fell...
Only a month ago, the Justice Department filed its motion that the Microsoft Corporation be broken into pieces as a "remedy" under the antitrust laws. The government wants to split the company into two pieces, one to make the Windows operating system, the other to...
Locke said that the only way Gates can fight government prosecutors is for the Microsoft founder to “assert proudly his right to his own existence — which means: the right to do business not as a public servant but as an individual with inalienable rights.”
Like other antitrust targets, Microsoft, is guilty--of something. They're guilty of something terrible. They're guilty of believing they're guilty. They're guilty of believing they're evil. They're guilty of apologizing for they're success, for their sales, their...
The antitrust laws are based on the economic theory of "pure and perfect competition" and deeper, on the ethical theory of altruism, or self-sacrificial service to others. What do the laws require? What illegal behavior do they cite? What punishments do they...
The press coverage of Microsoft's antitrust trial, up through the testimony of the final witness, has conveyed one consistent theme: Microsoft is losing. Its witnesses, we are told, have been caught in inconsistencies; Bill Gates's videotaped testimony was evasive;...
The morality of altruism or self-sacrifice is often presented as a form of benevolence, as if it simply means being nice to other people. But the actual meaning of this philosophy is a hatred of success. Under this morality, anyone who achieves some extraordinary...
Judge Jackson's visceral antagonism to business is also revealed by his condemnation of Microsoft for winning the browser battle against Netscape when "superior quality was not responsible for the dramatic rise [in] Internet Explorer's usage share." (Paragraph 375)...
Microsoft's achievements should be held up as a model of how to create and maintain a highly productive, innovative company. Yet Judge Jackson is unable to view any of these facts in a positive light. While Judge Jackson recognizes many of the concrete facts that...
United States District Court Judge Thomas P. Jackson is crystal clear in his recent "findings of fact": Microsoft is marked for destruction. But why does Judge Jackson want to punish one of the most successful corporations in American history? Because Bill Gates...
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