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Remedies in High-Tech Industries

Remedies in High-Tech Industries. David A. Heiner Vice President, Deputy General Counsel (Antitrust) Microsoft Corporation March 28, 2007 Presented at DOJ/FTC Hearings on Single Firm Conduct. Microsoft Remedies. Overall Approach.

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Remedies in High-Tech Industries

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  1. Remedies in High-Tech Industries David A. Heiner Vice President, Deputy General Counsel (Antitrust) Microsoft Corporation March 28, 2007 Presented at DOJ/FTC Hearings on Single Firm Conduct

  2. Microsoft Remedies

  3. Overall Approach Focus on creating or preserving competitive opportunities, rather than limiting defendant’s efforts to deliver consumer value

  4. Objective Aim to create competitive opportunities, rather than engineer particular market outcomes

  5. Assess Remedy and Liability Together Careful consideration of remedy at outset may inform liability analysis, speed resolution

  6. Type of Remedy Legal process generally best suited to contractual relief

  7. Cross-Border ConsiderationsHigh-tech markets often global in nature Agency Cooperation • Greater coordination on remedies with global reach • Due respect for comity principles Windows • Central value proposition: enabling compatibility through uniformity • Value threatened by varying approaches to integration issue Compulsory Licensing • Most onerous legal regime becomes de facto legal rule worldwide

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