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BA621-L9A6 - February 1 2010 BA621 Business Law Lesson#9...

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February 1, 2010 – May 21, 2010 BA621 Business Law Lesson #9 Assignment #6 Case 23-6 Summary: United States v. Microsoft Corporation The Microsoft decision appears twice in the chapter, this time (pages 714-716 of your text) to show analysis related to whether Microsoft illegally tied its Internet Explorer web browser with its Windows operating system, in violation of Section I. In the decision here, the appellate court determines that the trial court should have applied the rule of reasoning to the tying arrangement, rather than the per se test. Here, in refusing to apply a per se rule, the court of appeals is trying to give "newly integrated products a fair shake." The court decides not to engage in "wooden application" of tests courts have developed in the past when considering new innovations such as the ones created by Microsoft. Answering the following questions (from page 693 of your text) about Microsoft (Case 23-6) can help you think critically about antitrust law. 1) Before you can critically evaluate claims, you need to identify the reasons and conclusions. To get in the habit of paying attention to reasons, try to generate reasons for and against governmental intervention in Microsoft's practices. Clue: Reread the introduction. Why would Microsoft want to be free of governmental intervention? Why would the government want to regulate Microsoft?
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