Antitrust Legal Issues
The first issue that must be decided in
the case is that of market power, and monopoly. Microsoft's Windows operating
system controls 80% of the market for desktop computer operating systems, and
90% of the market for PCs (IBM-compatible desktops). That is, essentially, a
monopoly.
Also, it is relatively undisputed that
Microsoft holds a tremendous deal of market power. There are two markets in
question here. There is the physical product market of computer operating
systems and the innovation market. Basically the concept is that firms are
considered to produce innovation, or technological development, along with their
actual tangible products. If market power is achieved in either market, and this
market power is exercised, the result is thought harmful for consumers.
If market power is exercised in a
market, the result is increased prices and decreased output, because without
competition the firms seek to gain the most profit. The way to do this is to
produce less and sell it at a higher price. In an innovation market the result
is less innovation, which is harmful to the consumer.