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Entrepreneurs and the Information Age

Entrepreneurs and the Information Age

Do you agree or disagree with the following statement?

"'I think it's obvious what the conclusions of law follow -- that Microsoft has monopolized in violation of section 2 of the Sherman (Antitrust) Act, in the operating system and in the browser market.' -- Robert H. Bork"

Please review the arguments for and against the statement and enter your response.

Pros
The Sherman Antitrust Act of 1890 is being used to support the Justice Department's legal challenge to the business practices of the Microsoft Corporation. This act, sponsored by Ohio Senator John Sherman and passed by Congress as a result of public reaction to the growth of monopolies in the oil, railroad and steel industries, is perhaps best known for the prosecution and subsequent breakup of the Standard Oil Corporation in 1911. The portion of the act relevant to the Microsoft case reads as follows

Cons

An Act to Protect Trade And Commerce Against Unlawful Restraints and Monopolies:

Section 2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade of commerce among the several States, or with foreign nations, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished in the discretion of the court.

The Justice Department contends that Microsoft, using its near-monopoly position as the as the provider of the operating system used by over 80


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