[Random-bits] Microsoft off the hook with Bush victory?

[James Love]

Subject: 
       Antitrust Enforcement in a Bush Administration
   Date: 
       Mon, 21 Feb 2000 16:18:20 -0500
  From: 
       "McDavid, Janet L." <JLMcDavid@hhlaw.com>
    To: 
       AT-MEMBERS@MAIL.ABANET.ORG




What does the group think about these comments by one of the Republican
presidential candidates?  Jan McDavid

Bush pledges to scale back antitrust enforcement
By Richard Wolffe in Columbia, South Carolina - 17 Feb 2000 05:24GMT 
George W. Bush, the Republican presidential frontrunner, indicated he would
scale back antitrust enforcement if he won the White House, presaging a
return to the minimalist intervention of the Reagan era. 
In his first public comments on antitrust policy, the Texas governor said he
would restrict antitrust action to clear cases of price-fixing in markets -
a standard many high-profile cases in recent years would not meet. 
His comments suggest the landmark Microsoft antitrust case, which returns to
court next week for final legal arguments, would not have begun under a Bush
administration. 
In an interview with the Financial Times, he said: "My own personal view,
just in general, is the application of antitrust laws needs to be applied
where there are clear cases of price-fixing." 
Mr Bush is battling to steady his campaign since his stunning 19-point
defeat in New Hampshire by Senator John McCain. He holds a narrow lead in
South Carolina before the crucial primary election contest on Saturday amid
signs that his high-spending strategy is causing concern among fund-raisers.
He has spent $53m of his $73m warchest. 
Asked if there was a role for aggressive antitrust enforcement in cases
other than price-fixing, Mr Bush said: "Well no . . . everything evolves
into price-fixing over time." 
"Price-fixing up and price-fixing down - price-fixing down to eliminate
competition, price-fixing up to accumulate profit." 
Price-fixing cases have proved difficult to establish in court although the
Justice department was successful in cracking global cartels in vitamins and
graphite electrodes last year. 
Cases that would probably fail to reach Mr Bush's standards include lawsuits
against Microsoft, Intel, Mastercard, Visa and American Airlines. 
While Microsoft is accused of seeking to carve up markets with its internet
rival, Netscape Communications, no price-fixing or market division was
agreed between the two companies. 
However Mr Bush said antitrust investigations might be warranted in
agricultural markets such as hog farming. 
Reflecting his experience of campaigning in rural areas of Texas and Iowa,
he said meatpackers might be exercising too much power through
corporate-owned hog farms. 
Microsoft has contributed $300,000 (£186,335) to the Republican National
Committee compared with $100,000 to the Democrat National Committee.
American Airlines has contributed $232,000 to the RNC compared with $120,000
to the DNC. 
FT exclusive: Interview with George W. Bush

=======================================================
James Love, Director           | http://www.cptech.org
Consumer Project on Technology | mailto:love@cptech.org 
P.O. Box 19367                 | voice: 1.202.387.8030
Washington, DC 20036           | fax:   1.202.234.5176
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