In the United States, courts make policy through their interpretation of law and regulations. Through litigation, policy decisions are given the force of law. When litigation fails, then the object of regulation is often lost. This applies to the world of digital technologies, where corporate consolidation and the churn of ever-evolving technology makes anti-trust action both essential and difficult.  

In her latest research, Dr. Andrea Matwyshyn, professor of law and innovation studies at Pennsylvania State University, delves into the U.S. vs IBM trial which pitted anti-trust regulators against the emergent champion firm of American computing. At issue in the trial were the anti-competitive actions taken by IBM, and the impacts they would have on the American economy, and more significantly, the American society more broadly. When the Reagan administration dropped the case, it cut off a possible future of increased competition. 

In support of her research Dr. Matwyshyn received funding from the Center for the History of Business, Technology, and Society at the Hagley Museum and Library.

The audio only version of this program is available on our podcast.