Do the antitrust laws have a place in the digital economy or are they obsolete? That is the question raised by the government's legal action against Microsoft, and it is the question this volume is designed to answer. America's antitrust laws were born out of the Industrial Revolution. Opponents of the antitrust laws argue that whatever merit the antitrust laws may have had in the past they have no place in a digital economy. Rapid innovation makes the accumulation of market power practically impossible. Markets change too quickly for antitrust actions to keep up. And antitrust remedies are inevitably regulatory and hence threaten to `regulate business'. A different view - and, generally, the view presented in this volume - is that antitrust law can and does have an important and constructive role to play in the digital economy. The software business is new, it is complex, and it is rapidly moving. Analysis of market definition, contestibility and potential competition, the role of innovation, network externalities, cost structures and marketing channels present challenges for academics, policymakers and judges alike. Evaluating consumer harm is problematic. Distinguishing between illegal conduct and brutal - but legitimate - competition is often difficult. Is antitrust analysis up to the challenge? This volume suggests that antitrust analysis `still works'. In stark contrast to the political rhetoric that has surrounded much of the debate over the Microsoft case, the articles presented here suggest neither that Microsoft is inherently bad, nor that it deserves a de facto exemption from the antitrust laws. Instead, they offer insights - for policymakers, courts, practitioners, professors and students of antitrust policy everywhere - on how antitrust analysis can be applied to the business of making and marketing computer software.

Communications markets have made much progress towards competition and deregulation in recent years. However, it is increasingly clear, in the age of the Internet and the digital revolution, that much more needs to be done, and that new approaches, both at the Federal Communications Commission and in Congress, will be required to complete the task. In this volume, the Progress and Freedom Foundation presents nine papers by communications policy experts and government policymakers that show how to finish the job of deregulating communications markets and reforming the FCC. The Telecommunications Act of 1996 was a landmark piece of legislation for an industry moving from a monopoly orientation towards competition, but additional steps are needed to complete the process of implementing the pro-competitive, deregulatory vision of the act. Bringing together a group of the caliber represented in this book makes possible the best recommendations about the exact nature of those necessary changes. In this volume, the most difficult and politically-charged hot-button issues involving local and long distance competition, universal service, spectrum allocation, program content regulation, and the public interest doctrine are confronted head-on. As importantly, the authors recommend specific reform proposals to be considered by the Federal Communications Commission and Congress. The ideas contained in the experts' essays were presented and debated at a conference hosted by The Progress & Freedom Foundation, which was held in Washington, DC, on December 8, 2000. The Progress & Freedom Foundation studies the impact of the digital revolution and its implications for public policy. It conducts research in fields such as electronic commerce, telecommunications and the impact of the Internet on government, society and economic growth. It also studies issues such as the need to reform government regulation, especially in technology-intensive fields such as medical innovation, energy and environmental regulation.

Do the antitrust laws have a place in the digital economy or are they obsolete? That is the question raised by the government's legal action against Microsoft, and it is the question this volume is designed to answer. America's antitrust laws were born out of the Industrial Revolution. Opponents of the antitrust laws argue that whatever merit the antitrust laws may have had in the past they have no place in a digital economy. Rapid innovation makes the accumulation of market power practically impossible. Markets change too quickly for antitrust actions to keep up. And antitrust remedies are inevitably regulatory and hence threaten to `regulate business'. A different view - and, generally, the view presented in this volume - is that antitrust law can and does have an important and constructive role to play in the digital economy. The software business is new, it is complex, and it is rapidly moving. Analysis of market definition, contestibility and potential competition, the role of innovation, network externalities, cost structures and marketing channels present challenges for academics, policymakers and judges alike. Evaluating consumer harm is problematic. Distinguishing between illegal conduct and brutal - but legitimate - competition is often difficult. Is antitrust analysis up to the challenge? This volume suggests that antitrust analysis `still works'. In stark contrast to the political rhetoric that has surrounded much of the debate over the Microsoft case, the articles presented here suggest neither that Microsoft is inherently bad, nor that it deserves a de facto exemption from the antitrust laws. Instead, they offer insights - for policymakers, courts, practitioners, professors and students of antitrust policy everywhere - on how antitrust analysis can be applied to the business of making and marketing computer software.

Communications markets have made much progress towards competition and deregulation in recent years. However, it is increasingly clear, in the age of the Internet and the digital revolution, that much more needs to be done, and that new approaches, both at the Federal Communications Commission and in Congress, will be required to complete the task. In this volume, the Progress and Freedom Foundation presents nine papers by communications policy experts and government policymakers that show how to finish the job of deregulating communications markets and reforming the FCC. The Telecommunications Act of 1996 was a landmark piece of legislation for an industry moving from a monopoly orientation towards competition, but additional steps are needed to complete the process of implementing the pro-competitive, deregulatory vision of the act. Bringing together a group of the caliber represented in this book makes possible the best recommendations about the exact nature of those necessary changes. In this volume, the most difficult and politically-charged hot-button issues involving local and long distance competition, universal service, spectrum allocation, program content regulation, and the public interest doctrine are confronted head-on. As importantly, the authors recommend specific reform proposals to be considered by the Federal Communications Commission and Congress. The ideas contained in the experts' essays were presented and debated at a conference hosted by The Progress & Freedom Foundation, which was held in Washington, DC, on December 8, 2000. The Progress & Freedom Foundation studies the impact of the digital revolution and its implications for public policy. It conducts research in fields such as electronic commerce, telecommunications and the impact of the Internet on government, society and economic growth. It also studies issues such as the need to reform government regulation, especially in technology-intensive fields such as medical innovation, energy and environmental regulation.