Introduction
The suit against Microsoft for violating anti-trust by the United State Department of Justice has been a headline for quite some years. Microsoft established anti-competitive contract arrangement with numerous vendors such as internet service providers and computer manufacturers as well as enhancing and preserving their monopoly that. Microsoft Corp. illegally monopolized operating systems markets for personal computers as well as an illegal attempt to monopolize internet browsers market which did not succeed. Also, Microsoft Corp. bundled its Microsoft internet browser and windows operating system anti-competitively. Due to these allegations, Microsoft Corp was prohibited from product bundling and from using zero marginal cost pricing.
During 1997, a congressional hearing was held on Microsoft which included Microsoft’s CEO Bill Gates, Sun CEO Scott McNaely, PC manufacturer Michael Dell and Netscape’s CEO. Senator Orin Hatch claimed that if the current anti-trust laws cannot level with numerous anti-competitive acts accredited to Microsoft Corp, the congress should enhance or change the anti-trust laws. Oracle, Sun Microsystems, IBM, Novell and Netscape molded a coalition petitioning deeply for antitrust action against Microsoft Corp.
Product bundling was prohibited but the consent decree allows Microsoft to keep growing the type and number of functions of their products like windows. On October 20th, 1997, Microsoft Corp was alleged by the Department of Justice for violating 1995 agreement decree through building an Internet Explorer integrated with windows operating systems and forcing the computer manufacturers to supply internet explorer with windows. The Department of Justice lobbied the court to find Microsoft Corp in a civil disdain. On December 11, 1997, a judge named Thomas P Jackson gave out a preliminary ruling prohibiting the bundling of windows with the internet explorer. On May 12, 1998, the preliminary ruling was voided by the court of appeals. On June 23, 1998, court of appeal directed that the 1995 consent decree did not include windows 98 which was shipped integrated with an internet explorer as a part of the operating system and an internet explorer icon on the personal computers desktop. The ruling argued that courts are not well equipped to assess the benefits resulting from high-tech designed products.
With time, Microsoft integrated many functions and features into the windows operating systems which were originally executed by stand-alone products. Moreover, on June 23, 1993 the court of appeal’s decision asserted that the practice of bundling windows with internet explorer by Microsoft was illegal under the 1995 consent decree. To overcome this understanding of the law, Department of Justice reasoned that Microsoft tried to eliminate Netscape from the browser market to reduce competition by introducing the dandling of internet explorer and windows operating system. The bundling was much more than only added browser functionalities. The district court and Department of Justice argued that Microsoft’s bundling of internet explorer and the windows and marginalizing Netspace was because Netspace posed a competitive threat to the windows operating systems. The competitive threat from Netspace was a vital part of the Department of Justice allegations that Netspace can erode the market power of windows operating system. The bundling act was an attempt to win the browser war and to protect the windows monopoly by Microsoft Corp.
Market through network effects
By evaluating the case of Microsoft Corp, it is clear that the case emphasizes on markets through network effects. Market effects elaborates vital features of market structure that should be considered in understanding competition and the potential anti-competitive activities in these markets. A market displays network externalities when the worth to a buyer of an extra unit is more in case he buys more units when everything else is equal. In an old style network, network effects arises when a distinctive subscriber can reach out to more subscribers in a wider network. In a virtual network, occurrences of market effects results from the availability of a large scale of product A which induces larger availability of balancing component B, thereby aggregating the worth of product A. an aggregated value of product A leads to positive feedback. For example, the availability of plenty of windows compatible applications aggregates the value of windows.
Upper management cause of action
The Microsoft Corp upper management should be enrolled to learning and understanding Sherman acts on anti-competitive conduct and monopolizing markets. The management should be aware that every contract that combines any form of conspiracy or trust in limit of trade among numerous states is considered as illegal.
Recommendation on the upper management
The Microsoft Corp management should create a pricing schedule that applies to all buyers so that pricing should not be concentrated on other products that buyers buy. The schedule should facilitate different fair prices for different product quantities.
The management should facilitate the disclosure of line of software codes which define interfaces across applications that allows it to integrate internet explorer into the windows operating systems. The lines of software codes hook applications to the windows operating systems and permits interoperability.
The management should plan to auction the windows source code. With the current fluctuating stock market worth of Microsoft, windows source code can be worth two hundred billion dollars. No company can bid on that amount of cash in an auction. This auctioning would imply that windows source code would be sold in small portions of its value by force which would also sternly moderate the value of equity from the shareholders. Auctioning of windows source code would lead to confiscating of Microsoft’s intellectual property and lessen the inducement for innovation for Microsoft and potential innovators.
The management should review the conditions for indulging into a contract with dealers and competitors of complementary goods and impose restrictions. These restrictions would avert Microsoft from taking anti-competitive actions that are against the Sherman Acts.
Conclusion
The anti-trust trial led to incredible pressure on Microsoft. If the Microsoft was not coordinated by Bill Gates and the management, it would have cooperated with the Department of Justice which can interfere with the long term shareholders’ interests. The anti-trust uncertainty has resulted to decreasing of Microsoft’s stock market by forty percent. Microsoft cannot take actions against manufacturers who produce competitive software. Moreover, it cannot manipulate windows features to comprise products from rival companies. The price of windows cannot increased even when a new version is released. The law sided with Microsoft as it ruled on June 23, 1998 they can legally add new functions and features on windows which justified them to integrate internet explorer into the windows operating system.
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