Antitrust laws formed in the 19th century to fight the accelerating domination of large monopolizing industries that drove small companies out of business and the demands of the public for the government to protect them. The Sherman Act was the response of congress in 1890, in addition to the Clayton Action in 1914 and the Robinson-Patman Act in 1936, which were all developed to enforce unfair business practices. Although these acts have been put in place, suits are still filed such as the antitrust case against Microsoft filed on behalf of Netscape regarding anticompetitive practices that violated federal antitrust law. The suit was settled and developed an agreement to join forces to develop a digital media environment free from piracy, open to a variety of industries and consumer access. This paper will review the main facts of antitrust laws and analyze the alleged charges against Microsoft with regards to anticompetitive practices.
Traditionally, antitrust policies adapt both political and economic values and have applied considerably to international activities that affect US industries. The www.definitions.uslegal.com website describes the Sherman Antitrust Act as a law that forbids: conspiracy of two or more to restrain trades, attempts to unlawfully monopolize an industry and price fixing. However, the act does not have limitations on how large a company can get, unless it creates a monopoly or greatly lessen the competition. Violations of the laws can lead to a fine or conviction. The textbook describes violations of the Sherman Act may receive a fine of up to $1 million per violation and/or up to 10 years in jail for individuals; $100 million in fines per incident for corporations (Mallor, Barnes and Thomas, 2010).
Anticompetitive practices occur when one or more firms increase their profits without lowering the price of their products or services. Microsoft is a corporation that settled to pay millions AOL Time Warner...