Wednesday, June 22, 2011
Posted by D. Daniel Sokol Hanno Kaiser (Latham & Watkins) asks Are "Closed Systems" an Antitrust Problem?
ABSTRACT: Closed computer systems have come under attack as harmful to freedom, innovation, and competition. Open computer systems, in contrast, are said to promote such values. This article assesses the specific claim that closed systems, compared to open systems, are inherently anticompetitive. It concludes that competition policy arguments against closed systems are at best inconclusive and that closed systems should not be put in an antitrust suspect class.