386 Chapter 12
P12.4 Tying Contracts. In a celebrated case tried during 1998, The Department of Justice
charged Microsoft Corporation with a wide range of anti-competitive behavior. Among
the charges leveled by the DOJ was the allegation that Microsoft illegally “bundled” the
sale of its Microsoft Explorer Internet browser software with its basic Windows
operating system. DOJ alleged that by offering a free browser program Microsoft was
able to extend its operating system monopoly and “substantially lessen competition and
tend to create a monopoly” in the browser market by undercutting rival Netscape
Communications, Inc. Microsoft retorted that it had the right to innovate and broaden
the capability of its operating system software over time. Moreover, Microsoft noted
that Netscape distributed its rival Internet browser software Netscape Navigator free to
customers, and that it was merely meeting the competition by offering its own free
browser program.
A. Explain how Microsoft’s bundling of free Internet browser software with its
Windows operating system could violate U.S. antitrust laws, and be sure to
mention which laws in particular might be violated.
B. Who was right in this case? In other words, did Microsoft’s bundling of Microsoft
Explorer with Window extend its operating system monopoly and “substantially
lessen competition and tend to create a monopoly” in the browser market?
P12.4 SOLUTION
A. Section 3 of the Clayton Act forbids tying contracts that reduce competition. A firm,
particularly one with a patent on a vital process or a monopoly on a natural resource,