Amazon.com: Antitrust after Microsoft : The Obsolescence of Antitrust in the Digital Era (9780963202758): David B. Kopel: Books

Book Description

ISBN-10: 0963202758 | ISBN-13: 978-0963202758 | Publication Date: February 15, 2001

In Antitrust after Microsoft, author David B. Kopel uses a careful analysis of the 1998 antitrust lawsuit, U.S. v. Microsoft Corporation, to raise and answer questions about the viability of antitrust regulations in an era of rapid technological change. Government regulators must often proceed slowly to allow political oversight of their actions, notes Kopel, allowing technology to sweep away products and competitors long before judgments are reached. The vagueness of antitrust law makes it particularly hazardous for the information technology industry, where partnerships and price-cutting are standard business practices.

The Microsoft case and the history of antitrust enforcement reveal the ability of markets to discipline companies that attempt to extract monopoly profits. Kopel concludes the best path to take may be to repeal the Sherman Act, the country’s principal antitrust law.

#outer_postBodyPS { display: none; } #psGradient { display: none; } #psPlaceHolder { display: none; } #psExpand { display: none; } In Antitrust after Microsoft, author David B. Kopel uses a careful analysis of the 1998 antitrust lawsuit, U.S. v. Microsoft Corporation, to raise and answer questions about the viability of antitrust regulations in an era of rapid technological change. Government regulators must often proceed slowly to allow political oversight of their actions, notes Kopel, allowing technology to sweep away products and competitors long before judgments are reached. The vagueness of antitrust law makes it particularly hazardous for the information technology industry, where partnerships and price-cutting are standard business practices.

The Microsoft case and the history of antitrust enforcement reveal the ability of markets to discipline companies that attempt to extract monopoly profits. Kopel concludes the best path to take may be to repeal the Sherman Act, the country’s principal antitrust law.

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Editorial Reviews

Review

...Kopel convincingly shows how the changing world makes antitrust policies obsolete and exposes the myths surrounding the persecution of Microsoft. -- Brian S. Wesbury, Griffin, Kubik, Stephens & Thompson, Inc., January 2001

Antitrust after Microsoft shows how dangerous it is to ignore the differences between modes of competition. -- Sam Peltzman Ph.D., University of Chicago, January 2001

David Kopel brilliantly and concisely makes the case for putting consumers first by burying antitrust . -- Alabama Attorney General Bill Pryor, January 2001

About the Author

David B. Kopel is a senior fellow and director of the Center on the Digital Economy at The Heartland Institute. He is also an Adjunct Professor of Law at New York University School of Law, Research Director for the Golden, Colorado-based Independence Institute, and an Associate Policy Analyst with the Cato Institute.

Mr. Kopel graduated magna cum laude from the University of Michigan Law School, and received a B.A. with Honors in History from Brown University. He served as an Assistant Attorney General for the State of Colorado, representing state agencies in the enforcement of hazardous waste laws, solid waste laws, Superfund, and other environmental laws. He also served as an Assistant District Attorney in New York City.

Mr. Kopel has written eight books, the latest being Antitrust After Microsoft: The Obsolescence of Antitrust in the Digital Era (The Heartland Institute: 2001). He has written dozens of articles in scholarly journals, and hundreds of magazine and newspaper articles. He has appeared on Nightline, McNeil-Lehrer, and many other programs, and has been quoted by the Wall Street Journal, Time, New York Times, Washington Post, and many other publications.

Mr. Kopel’s interests and writings are wide-ranging, and include constitutional law, property rights, second and fifth amendments, environmental regulation, and e-commerce. He has written on encryption, CALEA (Communications Assistance to Law Enforcement Act), Internet access, and the Microsoft antitrust case. In his capacity as Research Director for a state level think tank since 1992, he has solicited, edited, and promoted scores of studies on a wide range of public policy issues.

As Director of Heartland’s Center on the Digital Economy, Mr. Kopel oversees production of policy studies, feature articles, and opinion editorials on issues pertaining to the role and effects of government in the emerging digital economy. He is The Heartland Institute’s principal spokesperson on these issues to the media and at events.

More About the Author

› Visit Amazon's David B. Kopel Page

David B. Kopel is Research Director of the Independence Institute, a public policy research organization in Golden, Colorado, and is an Associate Policy Analyst with the Cato Institute, in Washington.
He is also an Adjunct Professor of Advanced Constitutional Law at Denver University, Sturm College of Law.
Kopel is one of several contributors to The Volokh Conspiracy, a group weblog of several legal academics. From time to time he writes for the Wall Street Journal and other periodicals.
He is the author of 13 books, and 67 scholarly articles published in journals such as the Michigan Law Review, University of Pennsylvania Law Review, SAIS Review, and the Brown Journal on World Affairs. His topics include constitutional law, international law, criminal justice, technology, antitrust, media issues, and environmental policy. He has contributed entries to nine academic encyclopedias, and served on the Board of Editors for one.
His research has been cited by eight state supreme courts, three federal circuit court of appeals decision, and 535 law review articles.
On March 18, 2008, he appeared before the United States Supreme Court as part of the team presenting the oral argument in District of Columbia v. Heller, the Court's first major case on the Second Amendment since 1939. His Heller amicus brief for a law coalition of law enforcement organizations and district attorneys was cited four times in the Court's Heller opinions.
Kopel serves as a peer reviewer for Criminal Justice Policy Review, and for grant proposals for the U.S. Department of Justice and the U.S. Department of Homeland Security.
Before joining the Independence Institute, he served as an Assistant Attorney General for the State of Colorado, dealing with enforcement of hazardous waste, Superfund, and other environmental laws. In 1998-99, he served as an Adjunct Professor of Law at New York University. He graduated Magna Cum Laude from the University of Michigan Law School, and earned a B.A. in History with Highest Honors from Brown University, where his thesis on Arthur M. Schlesinger, Jr., was awarded the National Geographic Society Prize.
Websites:
Independence Institute, independenceinstitute.org
Cato Institute: www.cato.org
Kopel: davekopel.org, kopel.tw (Chinese)