From: Mises Institute News <firstname.lastname@example.org>
Sent: Tuesday, April 04, 2000 7:47 AM
Subject: Reaction to Microsoft Ruling
Dominick T. Armentano, Mises Institute adjunct scholar and author of
"Antitrust: The Case for Repeal," has the following reaction to the
"The ruling by Judge Jackson is obscene but not unexpected. Microsoft has
been losing this case almost from day one. (Why the markets reacted so
sharply to an all but forgone outcome requires an explanation.) Their
defense at trial was weak and unconvincing; yet given the nature of
antitrust law, no rational defense was really possible.
"What disturbs me most is that the bulk of the anti-antitrust arguments and
evidence developed over the last 30 years was, for the most part, ignored.
Indeed, reading Judge Jackson's decision is like being in an antitrust time
warp. Has anyone but me noticed the many references to Areeda and Turner in
the decison? Amazing nostalgia.
"Yet it illustrates the absolute power of statist ideas that develop in the
establishment academy. Microsoft's decision to fight on may make little
business sense but I welcome it. If any firm is financially and
temperamentally suited to challenge this antitrust nonsense, it's Microsoft.
They did extremely well on appeal in 1998 on similar (but more narrow)
issues. Unfortunately this time there is a huge so-called 'finding of fact'
staring them (and any appellate court) in the face. That presumption will
be very difficult to overcome."
For more on the Microsoft Ruling, see the headline today on www.mises.org
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