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Microsoft on Trial: Legal and Economic Analysis of a Transatlantic Antitrust Case [Hardback]

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"Both the US and EC cases [ against Microsoft] have been highly controversial, politically charged, dramatic (with judges being replaced), even theatrical (with robes worn even when this is not usually done," states editor Rubini (Birmingham Law School, UK) in his preface. He uses an analogy for Microsoft of a figure-skating elephant--whom everyone appreciates but who breaks the ice and causes havoc among the smaller competitors--as a lead in to the issues at stake. A 2008 workshop and conference at Rubini's university brought together speakers directly involved in the EC case, and from that base he developed this volume, with an expanded scope that incorporates the work of experts involved with the US case. The subject involves a complexity of technical as well as legal and economic issues, which are addressed here in 14 contributions. Arrangement is in sections on technical background; the European story--from Brussels to Luxembourg; innovation, competition and welfare in the IT sector--transatlantic perspectives and international horizons. Annotation ©2011 Book News, Inc., Portland, OR (booknews.com)

Recenzijas

I would highly recommend this book to any practitioner, academic, or postgraduate student interested in either the specifics of the EU and US Microsoft cases or more generally in the current scope of unilateral conduct laws on both sides of the Atlantic. It is refreshingly easy to navigate, thanks to an excellent index and table of cases and legislation, no mean feat in light of the fact that the book is a collection of 14 independent essays. The editor, Luca Rubini, deserves particular praise for this achievement. The editor also provides an invaluable multi-disciplinary approach to the various issues raised by the increasing interaction of competition law and intellectual property law in the information technology sector and beyond. -- Anthony Dawes, European Law Review . . . the book is a valuable resource for anybody wishing to gain in-depth knowledge of the competition proceedings related to Microsoft. -- Tjarda van der Vijver, Common Market Law Review Much has already been written about the case, but these fourteen chapters contain some of the best descriptions of the facts and markets accompanied by economic analysis. All the contributors write lucidly. . . The chapters have been written tightly, and many points not obvious on a quick reading of the case have been analysed perceptively. Detailed descriptions of the conduct and the market in which it occurred were made throughout. -- Valentine Korah, World Competition What makes this collection outstanding is that it is unlikely that any single person could have produced anything as good, because the Microsoft cases are just too extensive in their jurisdictional and subject matter scope to be encompassed by a single person. . . none of the essays here appear to me to be poor - all are good, some are excellent. . . I have read the book cover to cover and strongly recommend it to anyone interested in the Microsoft case in particular, but, more importantly, to anyone with an interest in the state of competition law at the start of the 21st century, and its role moving forward. There are even good tables of cases and legislation, and a good index - an increasing rarity these days. . . special credit must be given to the editor, Luca Rubini. -- Mark Furse, European Competition Law Review

List of contributors
ix
Acknowledgements xi
List of abbreviations
xii
Preface xiv
Table of cases
xx
Table of legislation
xxv
PART I TECHNICAL BACKGROUND
1 The basic technology issues at stake
3(44)
Colin Jackson
PART II FROM BRUSSELS TO LUXEMBOURG: A EUROPEAN STORY
2 Windows into the world of abuse of dominance: An analysis of the Commission's 2004 Microsoft Decision and the CFI's 2007 judgment
47(29)
Nicholas Banasevic
Per Hellstrom
3 Victa placet mihi causa: the compulsory licensing part of the Microsoft case
76(51)
Ian S. Forrester
4 The Microsoft Windows Media Player tying case
127(39)
Jean-Francois Bellis
Tim Kasten
5 The Microsoft case: you reap what you sow?
166(39)
Jens Fejø
PART III INNOVATION, COMPETITION AND WELFARE IN THE IT SECTOR: TRANSATLANTIC PERSPECTIVES, INTERNATIONAL HORIZONS
6 The Microsoft chronicles
205(53)
Rudolph J. R. Peritz
7 Microsoft v Commission and the interoperability issue
258(16)
Steven Anderman
8 The EC Microsoft case and duty to deal: the transatlantic divide
274(8)
Eleanor M. Fox
9 Microsoft v Commission: interoperability, emerging standards and innovation in the software industry
282(36)
Ann Walsh
10 Tying, technological integration and Article 82 EC: where do we go after the Microsoft case?
318(26)
Arianna Andreangeli
11 Economic aspects of the Microsoft case: networks, interoperability and competition
344(25)
Maria J. Gil-Molto
12 Microsoft v Commission: a pricing perspective on non-price abuses
369(24)
Derek Ridyard
Markus Baldauf
13 The quest for appropriate remedies in the EC Microsoft cases: a comparative appraisal
393(70)
Nicholas Economides
Ioannis Lianos
14 Beyond Microsoft: an international agreement on abuse of market power?
463(24)
Carlo Petrucci
Epilogue Bo Vesterdorf 487(3)
Bibliography 490(13)
Index 503
Edited by Luca Rubini, Law Department, University of Turin, Italy