Broken Windows and a Lost Search Engine: 'Microsoft' as a Roadmap for 'Google'
This article will address the parallels with the initial Microsoft litigation in the U.S. District Court, 'U.S. v. Microsoft', regarding §2 monopolization claim under the Sherman Act and what Google can expect during the litigation.
February 10, 2022 at 02:40 PM
10 minute read
Monopolies are not illegal under current legal jurisprudence. However, the possession of monopoly power in the relevant market and the willful acquisition or maintenance of that power through unlawful conduct is violative of §2 of the Sherman Act, as U.S. v. Grinnell, 384 U.S. 563, 570-71 (1966) has informed us. The unlawful conduct has been understood to mean anti-competitive conduct. As set forth in the Amended Complaint against Google filed on Jan. 15, 2021 in the U.S. District Court of the District of Columbia, the U.S. Department of Justice (the DOJ) and 14 states have alleged anticompetitive conduct that violates §2. There have been no responsive pleadings filed by Google. This article will address the parallels with the initial Microsoft litigation in the U.S. District Court, U.S. v. Microsoft, 87 F. Supp. 2d 30 (D.D.C. 2000) regarding §2 monopolization claim under the Sherman Act and what Google can expect during the litigation. See Paul M. Kaplan, "The Unfolding Microsoft Drama: Shattered Windows," The Antitrust Counselor (May 15, 2001).
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