Misconceptions, Misdirection and Mistakes

FRANKLIN M. FISHER Massachusetts Institute of Technology (MIT) - Department of Economics DANIEL L. RUBINFELD University of California at Berkeley School of Law; National Bureau of Economic Research (NBER)

Abstract:

Fisher was the principal economic witness for the Antitrust Division in Microsoft. This paper is a rebuttal piece to a paper by David S. Evans and Richard L. Schmalensee, the latter of whom was the principal economic witness for Microsoft. The paper points out that Microsoft did, in fact, harm consumers but beyond that, such harm is not and should not be a requisite for a finding of liability in an antitrust case. The antitrust laws are designed to protect competition, and competition is presumed to protect consumers.

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