Microsoft, Macro-screwed

Judge THOMAS Penfield JacKson has issued an opinion that outdoes the government in savaging Microsoft. It says, basically, that Microsoft used cunning and guile to create and maintain a monopoly with its Windows operating system, thus stifling competition and harming consumers.

Attorney general Janet Reno crows that Jackson’s decision will benefit consumers. Robert Bork hailed the decision as bringing a predatory monopolist to heel. Microsoft’s “untenable” legal position, Bork concludes, leaves the company no choice but to resort to a dubious lobbying and public-relations campaign: “Nothing comparable in intensity, expense, and mendacity has ever been seen with respect to antitrust litigation.”

About the Author

Richard A. Epstein

Richard A. Epstein is the Laurence A. Tisch Professor of Law at NYU School of Law, the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution, and the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His many books include The Dubious Morality of Modern Administrative Law.

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Judge THOMAS Penfield JacKson has issued an opinion that outdoes the government in savaging Microsoft. It says, basically, that Microsoft used cunning and guile to create and maintain a monopoly with its Windows operating system, thus stifling competition and harming consumers.

Attorney general Janet Reno crows that Jackson’s decision will benefit consumers. Robert Bork hailed the decision as bringing a predatory monopolist to heel. Microsoft’s “untenable” legal position, Bork concludes, leaves the company no choice but to resort to a dubious lobbying and public-relations campaign: “Nothing comparable in intensity, expense, and mendacity has ever been seen with respect to antitrust litigation.”

About the Author

Richard A. Epstein

Richard A. Epstein is the Laurence A. Tisch Professor of Law at NYU School of Law, the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution, and the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His many books include The Dubious Morality of Modern Administrative Law.