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The American Court System

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The American court system is structured to be adversarial. Nowhere is the form of argument taken to a higher level. Lawyers by definition should be great debaters, paid to make the best arguments in favor of their clients. Only when lawyers make the best arguments do they succeed in proving their case and perform their job successfully. Currently the lawyers at the Microsoft Corporation are busy trying to come up with the best arguments possible to prove the company has not been engaged in the monopolistic and anticompetitive practices of which it has been accused.

A brief synapsis of what led to the situation Microsoft now finds itself in is presented at the onset of this paper. It includes a brief history and description of U.S. antitrust legislation, a working definition of monopoly, and a summary of the actions of Microsoft that led up to this scenario. Following that the paper takes a point/counter point structure. First, one of the U.S. Department of Justice's points against the software giant is given, accompanied by an analysis of the type of argument being used. Then Microsoft's defense is immediately follows, again with the type and effectiveness of the argument being evaluated. Finally, the paper concludes with some thoughts on the overall effectiveness of the defense and the chances for Microsoft to come out victorious in this battle.

Antitrust regulation in this country was initiated by the lobbying efforts of a group o

. . .
ipped with Windows 95/98 (Microsoft the monopoly, 1999). It is contended that Microsoft's overwhelming market share, coupled with an overriding control of Internet services, will result in Microsoft eventual control of electronic commerce, a market whose growth potential is enormous. The Arguments The Department of Justice has been broadening the scope of this case since its inception way back in 1994, when the Attorney General's office filed a complaint against Microsoft. The purpose of the charge was, in part, to restrain Microsoft from "using exclusionary and anticompetitive contracts to market its personal computer operating system software" (Microsoft the monopoly, 1999, online). The charges read further that "by these contracts [with computer makers], Microsoft has unlawfully maintained its monopoly of personal computer operating systems and has unreasonably restrained trade" (Microsoft the monopoly, 1999, online). The attorney General alleges that the company is taking advantage of its existing Windows monopoly to compound the effects thereof and further entrench the near-single supplier situation that Microsoft currently enjoys. This is an example of an argument from analogy. The Department of Justice is assert
. . .

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Approximate Word count = 1363
Approximate Pages = 5 (250 words per page)

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