The Historical Society of the District of Columbia Circuit presents the second program in its series of Judge Patricia M. Wald Programs on Life and Law in the Courts of the D.C. Circuit, United States v. Microsoft Corp., 253 F.3d 34 (D.C. Cir. 2001).
This program will reenact a portion of the argument in the Microsoft case, specifically whether the integration of Internet Explorer into the Windows operating system constituted anticompetitive conduct and whether a Section 2 violation can be established solely by proving anticompetitive conduct. Judges Ginsburg and Tatel, members of the en banc panel in 2001, will hear the reenacted arguments. A panel of experts will then discuss the Microsoft decision and its continuing impact on antitrust enforcement in today’s important and controversial technology markets.
Setting the Stage:
Douglas Melamed, Scholar in Residence at Stanford
Reenactment:
Douglas H. Ginsburg, Judge, U.S. Court of Appeals for the D.C. Circuit
David S. Tatel, Judge, U.S. Court of Appeals for the D.C. Circuit
Kristen C. Limarzi, Gibson Dunn & Crutcher LLP
David I. Gelfand, Cleary Gottlieb Steen & Hamilton LLP
Panel Discussion:
Moderator: William Baer, Visiting Fellow, Brookings Institution
Panelists: Professor Melamed, Maureen K. Ohlhausen, Partner, Baker Botts LLP, David C. Frederick, Partner, Kellogg, Hansen, Todd, Figel & Frederick, PLLC will join Judges Ginsburg and Tatel.
Wednesday, June 7, 2023, 4:30 p.m. – 6:00 p.m., Ceremonial Courtroom, 6th Floor, E. Barrett Prettyman U.S. Courthouse, 3rd Street & Constitution Avenue, N.W., Washington, D.C. Admission is free. Reservations are suggested, here. A reception in the Courthouse Atrium with light refreshments will follow the program.
