The New York Times on Microsoft, Google, and the DOJ

The New York Times has an interesting article on Microsoft and its relationship with the DOJ under the Bush administration.

Nearly a decade after the government began its landmark effort to break up Microsoft, the Bush administration has sharply changed course by repeatedly defending the company both in the United States and abroad against accusations of anticompetitive conduct, including the recent rejection of a complaint by Google. Thomas Barnett’s memo rejected Google’s claims against Microsoft. … In the most striking recent example of the policy shift, the top antitrust official at the Justice Department last month urged state prosecutors to reject a confidential antitrust complaint filed by Google that is tied to a consent decree that monitors Microsoft’s behavior. Google has accused Microsoft of designing its latest operating system, Vista, to discourage the use of Google’s desktop search program, lawyers involved in the case said. … A big factor has been the Bush administration’s hands-off approach to business regulation. For its part, Microsoft, which spent more than $55 million on lobbying activities in Washington from 2000 to 2006 and substantially more on lawyers, has become a more effective lobbying organization. “The generous and noncynical view is that there has been a fundamental change in philosophy about the degree to which antitrust should be used to regulate business activity,” said Andrew I. Gavil, an antitrust law professor at Howard University who is a co-author of the Microsoft book with Professor First, the New York University law professor. “In the Microsoft case, you can see how that change has manifested itself.”

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