States and DoJ Divided On Microsoft Antitrust Success
Rob writes "Computer Business Review is reporting that the US Department of Justice and five States
have declared themselves satisfied with the antitrust enforcement efforts taken against
Microsoft despite a further seven States maintaining they have had 'little or no
discernible impact in the marketplace.' While the US DoJ and five States — New York,
Louisiana, Maryland, Ohio, and Wisconsin (The New York Group) — reported that the final
judgments have succeeded in increasing competition to the benefit of consumers, seven
States making up the California
Group are not convinced."
He didn't ask whether it is possible to buy a non-Microsoft PC. Of course it has always been possible. He asked how easy it is. This is a quite legitimate question, even if as you point out it includes several different factors such as price and number of vendors.
It's documented that Microsoft has entered into restrictive contracts with OEMs so they pay per PC sold, whether or not it includes Windows. Also that Microsoft has threatened vendors (e.g. IBM) with an increase in the price they pay for Windows and used this as a tool to stop vendors from including competitors' software they don't like. Some of these restrictive deals were replaced with similar ones that look better on paper but are much the same in practice (e.g. paying a Microsoft tax on each PC of a certain 'model' that was sold, so if a vendor wants to exclude Windows they must print new name badges and manuals). A simple injunctive remedy IHMO would be to require that Microsoft sell Windows licences at the same price to all vendors, and that the licence be paid for only if Windows is included with the PC.
You are quite right about the bundling of products etc. That is another example of monopoly power. It doesn't make the complaint about Microsoft preventing OEMs from offering Windows-free PCs any less valid.
-- Ed Avis ed@membled.com
I'll start.
- Claiming Linux violates 235 patents.
- Introduce OOXML to spike ODF, and stacking ISO
- Subverting Massachusetts to prevent adoption of ODF there.
- Novell-Microsoft agreement
- Preventing alternative desktop search engines.
- Introducing Silverlight to spike Flash
- Introducing XPS to spike PDF
- Refusing to open APIs and protocols despite EU decision.
- Breaking all of their own "12 tenets' before they even got started.
There's more, but that's a good start."I've got more toys than Teruhisa Kitahara."