-Caveat Lector-

Government Against Business

Last week, U.S. District Judge Thomas Jackson ruled that MicroSoft violated
federal antitrust laws and harmed consumers. Judge Jackson found that
MicroSoft: (a) used its position to "monopolize the Web browser market" to
the detriment of competitors (b) "unlawfully tying its Web browser to its
operating system" and (c) MicroSoft could be sued under state
anti-competition laws. U.S. Assistant Attorney General Joe Klein said the
decision against MicroSoft will benefit consumers by opening the door to
competition. The Clinton administration's attack on MicroSoft, along with the
Court's acquiescence, should worry all of us. Let's look at it.

The government's chief economic expert witness, MIT's Professor Franklin
Fisher, accused MicroSoft of predatory pricing, a practice where low prices
are charged in order to drive one's competitors out of business and then
later charge high prices. Professor Fisher's testimony is a disgrace to the
economics profession. If one surveys modern economic literature, or polls
academic economists, he'd find very little evidence, if any, for the use of
predatory pricing as a means to monopoly wealth. There are far more effective
means to monopoly wealth that don't entail the costs and risks of a predatory
pricing strategy.

Let's look at competition in general. The point of competition is to attract,
to the detriment of your competitors, their customers. There should be laws
preventing people from bombing their competitors' production facilities or
spreading lies about the attributes and quality of their competitors' product
as a means to attract customers. Also, companies shouldn't be able to go to
lawmakers to get laws passed to the detriment of their competitors; however,
legislators encourage that practice in return for campaign contributions.
There's no evidence that MicroSoft has committed any of these despicable acts
to capture their competitors' customers.

MicroSoft's competitors, in the high-tech industry, are the people who've
gone whining to Washington; it wasn't customers. After all MicroSoft is as
profitable as it is because customers like you and me voluntary chose its
product. Computer manufacturers voluntarily installed its operating system,
bundled as it is, rather than use some other operating system they were free
to use if they desired. MicroSoft, unlike Congress, has no power to coerce.

Many people think monopoly is evil by definition. Monopoly practices are not
inherently evil. For example, I hold a monopoly on the affections of Mrs.
Williams. She holds a monopoly on mine. Read the Ten Commandments. The first
says, "Thou shalt have no other Gods before me." The second says, "Thou shalt
not make any graven image . . ." A third says, ". . . for I the Lord thy God
am a jealous God." That sounds like a monopoly to me. If you assume monopoly
is evil, then marriage and Christianity are evil.

There are monopolistic practices that are evil that we need to address.
There's the Post Office monopoly that threatens violence against anyone who
competes against it in the delivery of first class mail. There's the
government education monopoly, a.k.a. public education, that's destroying our
children whilst charging us higher and higher prices for doing so. Then
there's the American sugar industry monopoly that gets Congress to enact
tariffs and quotas on foreign sugar so they can charge us higher sugar
prices. The list of these government-backed and sponsored
harmful-to-the-customer monopolies is virtually without end. Unlike MicroSoft
who has been providing customers with higher and higher quality products at
lower and lower prices, the government-backed and sponsored monopolies have
been giving us at least higher prices if not lower quality at the same time.
I say leave MicroSoft alone and go after these evil monopolies.

Walter E. Williams
c16-00
April 7, 2000

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