perm filename MONOP.IBM[ESS,JMC] blob
sn#067092 filedate 1973-10-12 generic text, type T, neo UTF8
00100 REMARKS ON THE IBM ANTI-TRUST CASE
00200
00300
00400 1. After more than five years of prosecuting IBM for being a
00500 monopoly, the Anti-trust Division of the Justice Department is still
00600 completely undecided on what objective it is trying to achieve. It
00700 seems to me that the following considerations are involved.
00800
00900 2. The classical solution to the problem posed by the fact
01000 that IBM has 70% of the computer business would be to break the
01100 company up into three to five parts. If this were done in a
01200 straightforward way, and each of the parts was allowed and required
01300 to compete for whatever part of the computer business it could get,
01400 the following would happen:
01500
01600 a. Each of the parts would be stronger than any of
01700 the non-IBM computer companies. They wouldn't like that at all,
01800 because at present IBM is somewhat inhibited in its competition,
01900 while the parts would presumably not be. As the old Russian proverb
02000 goes, "When the elephants fight, the mice get stomped". The
02100 customers might benefit from a greater variety of approaches to
02200 computer design and might suffer from a lack of standardization.
02300
02400 b. Presumably the parts would not carry on IBM's
02500 present "good works" such as the gifts to universities and a large
02600 basic research program. There would be less pressure for them to do
02700 so, and their mutual competition would lead them to feel that they
02800 couldn't afford it.
02900
03000 2. What the present competitors of IBM would like and are
03100 angling towards is the creation of a cartel. A start towards this
03200 has been made in the settlement of the CDC anti-trust case with IBM
03300 essentially giving CDC its service bureau business and agreeing not
03400 to compete in the area. Any competitor would be pleased if IBM were
03500 forced to give it the peripherals business and agree not to compete.
03600 In the disk area, at least, this would be tragic, because IBM has
03700 been the main technological innovator and all the recent improvements
03800 in cost-effectiveness have been due to IBM. The creation of a
03900 cartel, i.e. a de facto division of the computer business among a
04000 group of companies would be a real tragedy and illegal to boot.
04100 Nevertheless, this seems to be where the JUstice Department is taking
04200 us.
04300
04400 3. As a computer scientist and computer user, the one thing I
04500 would like to see the government do to IBM is to break down its
04600 secrecy. What IBM is doing in secret is often mistaken, and if it
04700 were subject to public criticism by the scientific community, IBM
04800 might make better computers and programming systems. Moreover, if
04900 IBM would publish its interface specifications well in advance, the
05000 competitors could compete over a part of the product line. This
05100 would be a benefit. I would be inclined to settle for this, and
05200 otherwise let IBM continue its elephantine careeer unmolested.
05300 However, if it must be broken up, please leave each of the parts free
05400 to compete fully. The present procedure of knocking pieces off of
05500 IBM and giving them to various incompetents seems to be the worst of
05600 all worlds. I don't look with favor on awarding $352,000,000 to
05700 Telex; it just seems like a reward for incompetence.