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                  474                   CHAPTER 11   MONOPOLY AND MONOPSONY
                  legal barriers to entry  Legal barriers to entry exist when an incumbent firm is legally protected against
                  Barriers to entry that exist  competition. Patents are an important legal barrier to entry. Government regulations
                  when an incumbent firm is  can also create legal barriers to entry. For example, between 1994 and 1999, the com-
                  legally protected against  pany Network Solutions had a government-sanctioned monopoly in the business of
                  competition.
                                        registering domain names on the Internet.
                  strategic barriers to    Strategic barriers to entry result when an incumbent firm takes explicit steps to
                  entry  Barriers to entry  deter entry. An example of a strategic barrier to entry would be the development of a
                  that result when an incum-  reputation over time as a firm that will aggressively defend its market against en-
                  bent firm takes explicit  croachment by new entrants (e.g., by starting a price war if a new firm chooses to
                  steps to deter entry.
                                        come into the market). Polaroid’s aggressive response to Kodak’s entry into the instant
                                        photography market in the 1970s is an illustration of this strategy.

                  APPLICA TION  11.8

                  United States of America                            who want to use software that will allow them to
                  versus Microsoft                                    share files easily with colleagues at other institu-
                                                                      tions. The main reason that demand for Windows
                                                                      experiences positive network effects, however, is
                  Between October 1998 and June 1999, one of          that the size of Windows’ installed base impels ISVs
                  America’s best-known and most successful companies,  [companies that write software applications] to write
                  Microsoft, went on trial for violating the U.S. antitrust  applications first and foremost to Windows. . . . The
                  statutes. The U.S. government accused Microsoft of  large body of applications thus reinforces the
                  employing tactics aimed at monopolizing the market  demand for Windows, augmenting Microsoft’s dom-
                                                                      inant position and thereby perpetuating ISV incen-
                  for operating systems for personal computers (PCs). In
                                                                      tives to write applications principally for Windows.
                  the opinion of the U.S. district court, “Microsoft . . . en-
                                                                      This self-reinforcing cycle is often referred to as a
                  gaged in a concerted series of actions designed to pro-
                                                                      “positive feedback loop.”
                  tect the applications barrier to entry, and hence its   What for Microsoft is a positive feedback loop
                  monopoly power, from a variety of . . . threats, includ-  is for would-be competitors a vicious cycle. For just
                  ing Netscape’s Web browser and Sun’s implementation  as Microsoft’s large market share creates incentives
                  of Java. Many of these actions have harmed consumers  for ISVs to develop applications first and foremost
                  in ways that are immediate and easily discernible.” 18  for Windows, the small or non-existent market share
                      What does the court mean by the term applica-   of an aspiring competitor makes it prohibitively ex-
                  tions barrier to entry? This phrase appears repeatedly  pensive for the aspirant to develop its PC operating
                  in the court’s opinion in this case. The court uses the  system into an acceptable substitute for Windows
                                                                      (pp. 18–19).
                  term applications barrier to entry to describe a barrier
                  to entry in the market for PC operating systems based  In the court’s opinion—an opinion that Microsoft
                  on positive network externalities. This barrier, in the  strongly disputed before settling the case in 2001—
                  court’s opinion, allowed Microsoft Windows to mo-  many of Microsoft’s actions toward competitors, such
                  nopolize the market for operating systems for Intel-  as Netscape and Sun, were attempts to preserve this
                  compatible PCs. The court described the applications  applications barrier to entry. For example, in the
                  barrier to entry this way:                       summer of 1995, Microsoft attempted to convince
                                                                   Netscape to drop efforts to develop a Web browser
                      The fact that there is a multitude of people using
                                                                   that could have served as a platform for Internet-
                      Windows makes the product more attractive to
                                                                   based software applications. The court believed that
                      consumers. The large installed base attracts corpo-
                      rate customers who want to use an operating sys-  Microsoft did this in order to remove a threat to the
                      tem that new employees are already likely to know  applications barrier to entry that sustained Windows’
                      how to use, and it attracts academic consumers  dominance.


                                        18 This quote comes from p. 204 of the United States of America v. Microsoft, United States District Court
                                        for the District of Columbia, Findings of Fact.
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