Saturday, March 13, 2010
   
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I love my kindle-a birthday present from my wife last year.  It won't, however, stop me from thinking about getting an i-Pad.  Amazon's capitulation to MacMillan's demand to raise prices on MacMillan books makes my treason more likely not only because the deal will prevent Amazon from underselling Apple, but also because of Amazon's ridiculous supposed justification for giving in.  In its notice to customers, Amazon pleaded for forgiveness on grounds that it was forced to capitulate because  MacMillan has a "monopoly" over McMillan titles that Amazon wants to sell.  This is like saying that I'm forced to buy books from Amazon, because only Amazon has a monopoly since only Amazon can sell books from the Amazon website.

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Reuters reports that "the European Commission [is] expected to approve on Tuesday Microsoft's plan to make it easier for consumers to choose rival browsers on the firm's Windows operating system, which is used on a majority of personal computers.

The decision would allow Microsoft to avoid another hefty penalty, after it had been fined a total of 1.68 billion euros ($2.5 billion) by the Commission over charges it breached EU antitrust rules."

When the case was started, Google, Firefox, Social Networking did not exist.  Perhaps the case settled, because it now seems to have little relevance.  This is not to say it should not have been brought--only that it's impossible now to tell whether it could have enhanced competition and innovation through more expeditious action.  (FYI--in 2000, I wrote an op ed in the National Law Journal concerning the US antitrust case entitled "Why Microsoft is Willing to Stall," which predicted that technological changes would ultimate make a protracted case meaningless.  Shortly thereafter, the Bush administration essentially just gave up by agreeing to a spineless settlement with Microsoft.  Given the additional 9 years of the EU action, its hard say which proceeding was more meaningless.)

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