There are appropriate roles for both public and private actions under the law. However, it is important that each type of action remain distinct so as to prevent abuse of the antitrust regulatory mechanism. An example of private interests harnessing the federal government to their own benefit is the Microsoft case. In this instance, we are informed that senior management of several leading high technology companies lobbied the Justice Department to sue Microsoft. The strategy was successful.
Courts generally give at least some measure of deference to the federal government in litigation.
The article discusses a major lobbying effort by several large technology firms to persuade the federal government to sue Microsoft. Mr. Krumholtz also discusses Microsoft's efforts to protect its interests through the democratic process. Please read the article and then let us know your views on Regulation by Litigation. Read the article Submit your views on Regulation by Litigation by filling out our survey.