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Federal courts would benefit from the to use economists when deliberating on antitrust cases in light of the increasingly sophisticated tools of industrial organization economics and the growing reliance on the federal courts to settle competitive matters. The benefits provided by the approach are significant enough to outweigh its costs. It is claimed that the legal requirement for courts to make conclusions about the market power based on market shares can be misleading.

Issues concerning the progress of the antitrust case against Microsoft by the US Department of Justice are discussed. Microsoft's competitive actions in relation to Netscape and the policy implications of the case are examined.