A $10 Billion Solution to the Microsoft Problem

A $10 BILLION SOLUTION TO THE MICROSOFT PROBLEM

The following article by AAI Advisory Board Member Lawrence White will appear in a forthcoming issue of the University of West Los Angeles Law Review. White proposes a major fine as the appropriate remedy in the Microsoft antitrust case. Another Advisory Board Member has pointed out that under the Tunney Act (governing settlements of DOJ civil cases), agreed relief must not only be in the "public interest", but be something that the Government sought (or could have sought) in its complaint. A large cash payment to the Treasury probably does not meet that test. The FTC, in the Mylan case, has claimed the authority (and been upheld in a federal district court) to impose a "disgorgement" remedy. We invite comments on whether it would be a good idea to amend the law so that DOJ can recover civil penalties in civil cases.

You can view the article in Adobe Acrobat format here.