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The growing complex of amendments to the basic antitrust laws and adoption of special industry statutes and exemptions, enforcement agency "Guidelines" and agency "Policies" requires the publication of a convenient compilation of these materials for the practitioner, the academic and the student of antitrust law. The materials selected include the full text of the Sherman, Clayton and Federal Trade Commission acts. Significant statutes defining exemptions from the antitrust laws like those applying to health care, local government regulation, insurance, baseball (The Curt Flood Act of 1998 adding § 27a to The Clayton Act) and other activities are included. The "Antitrust Civil Process Act" is included because of its significance for the unique discovery tools used in antitrust investigations.
This compilation contains the major statutes, treaties, regulations, guidelines, and policies affecting antitrust law. This edition includes the Sherman and Clayton Acts, the most recent federal guidelines (including the new Horizontal Merger Guidelines), procedural statutes and exemptions, as well as international agreements and treaties. Useful for students and practitioners alike.
For more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft -- in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era -- was unprecedented. In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft--from beginning to end -- and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies -- all lessons learned from the Microsoft cases.
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