反垄断法及案例分析.docx

反垄断法及案例分析
国别
实施主体
反垄断法组成
执法队伍特征
美国
司法部反托拉斯司 ; 美国联邦贸易委员会 ; 各州政府和民间主体
反托拉斯法
monopoly on the
PC operating
system market.
The
commissioners
deadlocked
with
a
2-2
vote
in
1993 and closed the
investigation,
but the
Department of
Justice
opened its
own investigation
on August 21 of that year, resulting in a settlement on July 15, 1994 in
which Microsoft
consented
not
to
tie
other Microsoft
products
to
the
sale
of Windows but remained free to integrate additional features into the
operating system. In the years that followed, Microsoft insisted that
Internet
Explorer
(which
first
appeared in
the
Plus!
Pack sold
separately
from Windows 95) was not a product but a feature which it was allowed to
add to Windows, although the DOJ did not agree with this definition.
CONCLUSIONS OF LAW
The United States, nineteen individual states, and the District of
Columbia (;the plaintiffs;) bring these consolidated civil enforcement
actions
against
defendant
Microsoft
Corporation
(;Microsoft;)
under the
Sherman Antitrust Act,
15 .
§§ 1 and 2. The
plaintiffs charge, in
essence,
that Microsoft
has waged an unlawful
campaign in
defense of
its
monopoly position
in the
market
for
operating
systems designed to
run on
Intel-compatible
personal
computers
(;PCs;).
Specifically,
the
plaintiffs contend that Microsoft violated
§2 of the Sherman Act by
engaging in
a series of
exclusionary,
anticompetitive,
and predatory
acts
to maintain
its
monopoly power. They also
assert
that
Microsoft
attempted,
albeit unsuccessfully to date, to monopolize the Web browser market,
likewise in violation of
taken by Microsoft as part namely tying its browser

2. Finally, they contend tha of its campaign to protect to its operating system

t cert