Microsoft @ 25: Impact, Influence, and Legacy symposium: Panel 1 – The Development of Monopolization Law

June 28, 2026 will mark the 25th anniversary of the D.C. Circuit Court of Appeals’ decision in United States v. Microsoft. In anticipation of that anniversary, at this symposium, NYU School of Law and Hausfeld LLP examined Microsoft’s impact on the development of U.S. monopoly law and policy, its influence on the economic analysis of digital markets, and its durable legacy. Although the Microsoft decision had limited impact at first, the case now stands at the center of an unprecedented wave of private and public antitrust challenges to some of today’s largest technology firms. Understanding and evaluating how Microsoft has affected these challenges was the central focus of this conference.

Panel 1 – The Development of Monopolization Law: George Bailey (Jimmy Stewart), in “It’s a Wonderful Life,” is given the chance to see what his hometown would have been like if he had never been born. What if Microsoft had never been born? What legal tests would have been available to deal with monopolization? How might the current cases against Google, Meta, Apple, and Amazon have been framed if all that the government plaintiffs had to rely on were decisions like Grinnell, Aspen Skiing, and Trinko? On the other hand, might the courts have avoided Microsoft’s act-by-act balancing approach in favor of a more systemic and holistic analysis of monopoly power and conduct? Has Microsoft set the courts down the wrong path—or the right one?

Watch Panel 1 – The Development of Monopolization Law here. 

Participants:

• Rebecca Haw ALLENSWORTH | Associate Dean for Research, David Daniels Allen Distinguished Chair of Law, Vanderbilt University Law School
• Jonathan BAKER | Professor Emeritus, American University Washington College of Law
• Daniel FRANCIS | Assistant Professor, New York University School of Law
• John NEWMAN | Professor, University of Miami School of Law
• Moderator: Andrew GAVIL | Professor, Howard University School of Law

The Microsoft @ 25: Impact, Influence, and Legacy symposium was held on February 21, 2025, at the NYU School of Law. Read more about the symposium.