LotusDomino.com - The BEST links for IBM Lotus Domino and Notes (Workplace, Websphere Portal, Quickplace, Sametime)

Microsoft and Trinko: A Tale of Two Courts

Waller, Spencer Weber, "Microsoft and Trinko: A Tale of Two Courts" (February 17, 2006). Available at SSRN:

Abstract:

    In this comment for an upcoming symposium in the Utah Law Review in honor of the retirement of John Flynn, I examine the 2001 opinion of the DC Circuit in Microsoft and the Supreme Court's 2004 opinion in Trinko and compare them as attempts to comprehensively define the law of monopolization. Using the insights of the legal process school, I examine which opinion succeeds as a form of reasoned elaboration and which opinion will gain acceptance among lower courts and commentators in this vital area of antitrust law. I conclude that the Microsoft opinion should stand the test of time as a rigorous, intellectually honest, and well reasoned synthesis of the law of monopolization. In contrast, Trinko suffers from numerous errors of law, fact, economics, antitrust policy, and contains much unreasoned dicta that extends far beyond its narrow holding about the interface between antitrust and telecommunication regulation. Trinko thus fails the test of reasoned elaboration, one of the key hallmarks of a legitimate and persuasive judicial opinion.
Go to article

Click here to see more on this topic.

Previous visitors have searched for information on blackberry lotus notes, lotus notes crm and click link lotus meeting notes. We do collect this information to update our site to your needs.

Lotus Notes is used by more than 100.000 people world wide. Other e-mail clients are: Balsa , FastTrack Mail and Novell Evolution and other personal information manager software are: Novell Evolution , Citadel and Aethera .

Products or trademarks named are used for reference, without any implied endorsement by their holders and
without intent to infringe. Disclaimer. Copyright 2005 - feedback hulsman @t h0tmail