Anti-Antitrust: The Need for Antitrust Law Reform

When (seemingly) anticompetitive tactics increase social utility and benefit consumers

Copyright © 2022 Marc Hoag. All Rights Reserved.

Not for copy or duplication, in whole or in part, without express written permission by the author Marc Hoag. Quotations allowed with full citation and link back to this article.

Author’s note, July 2022

I wrote this research paper in November 2007 for the final term paper of my 3L antitrust law course in law school and received a near-perfect grade.

In light of further ongoing antitrust regulation again being proposed against Apple, most notably the two bills currently in the Senate attempting to ban Apple’s default iOS apps, I thought it was an appropriate time to publish this paper publicly for the first time ever.

In this paper I anticipated the need to target Apple rather than, say, Microsoft, for anticompetitive practices. This was a somewhat unpopular view at the time as Microsoft was viewed as the “big evil company,” a veritable antithesis to Apple, the recently resurrected phoenix with Steve Jobs still at the helm.

While some of the discussion on Microsoft and other companies and products are now dated, the…