Misuse and abuse of the Tunney Act: the adverse consequences of the microsoft fallacies

Update item information
Publication Type Journal Article
School or College S. J. Quinney College of Law
Department Law (College of)
Creator Flynn, John J.
Other Author Bush, Darren
Title Misuse and abuse of the Tunney Act: the adverse consequences of the microsoft fallacies
Date 2003
Description There have been two Microsoft cases leading to final judgements. Throughout the Tunney Act processes in both cases, however, there was little discussion regarding the standards of judicial review that should apply in a Tunney Act consent decree proceeding where no litigation has taken place. There was also little examination of whether the Tunney Act is the appropriate tool for a case in which there has been litigation, findings of fact or conclusions of law, and more than one appeal. Regarding the government's first case against Microsoft, this article will argue that the court used an inappropriate standard of judicial review for proceedings under the Tunney Act. Regarding the second case against Microsoft, this article will contend that the Tunney Act was misused because it was applied in circumstances where Congress did not intend for it to be applied.
Type Text
Publisher University of Chicago Press
Volume 34
First Page 749
Last Page 814
Subject Tunney Act; Microsoft; Microsoft fallacy
Subject LCSH Antitrust law; Microsoft Corporation
Language eng
Bibliographic Citation Flynn, J. J. & Bush, D. (2003). Misuse and abuse of the tunney act: the adverse consequences of the microsoft fallacies. Loyola University Chicago Law Review, 34, 749-814.
Rights Management (c) University of Chicago Press
Format Medium application/pdf
Format Extent 3,738,084 bytes
Identifier ir-main,1804
ARK ark:/87278/s6ng58cc
Setname ir_uspace
Date Created 2012-06-13
Date Modified 2021-05-06
ID 707481
Reference URL https://collections.lib.utah.edu/ark:/87278/s6ng58cc
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