Predatory Competition Policy

The recent decision by the European Court of First Instance to uphold the fine and sanctions the European Commission imposed upon Microsoft in 2004 appears to have justified the Commission’s interventionist approach to competition policy. A five-year investigation of Intel may also end with severe penalties. But the EU should not rejoice at this seeming triumph over American “big business.” Instead, it should ponder if its policies actually make Europe hospitable for innovating enterprises.

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