Antitrust Court Enforcement in High Technology Markets : Revisiting Microsoft in the Post-Trinko Era

The present paper reexamines the premises set forth in the Trinko decision, which casts the doubt on whether Courts are suited to effectively force monopolists in regulated industries to share its resources with competitors. The paper examines the capability of Courts in effectively planning the enforcement of antitrust, not only in the context of Refusal to Deal cases, but in the whole universe of the conducts that antitrust is intended to regulate. The experience in the U.S. Microsoft case is used as a reference. Thus, the present paper sustains that Courts are not ill-suited to plan and execute antitrust enforcement, and thus are capable of acting as central planners in the enforcement of antitrust laws