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Microsoft Violated Anti-Trust Laws Judge Finds

Dateline: 04/03/00

Following his November 1999 issued "findings of fact" declaring Microsoft Corporation to be a monopoly, U.S. District Court Judge Thomas Penfield Jackson today issued a 43-page "Conclusions of Law and Final Order" declaring Microsoft had violated Sections 1 and 2 of the Sherman Antitrust Act by using its industry position to "monopolize the web browser market.''

Quoting from today's finding, "the Court concludes that Microsoft maintained its monopoly power by anticompetitive means and attempted to monopolize the Web browser market, both in violation of Section 2. Microsoft also violated Section 1 of the Sherman Act by unlawfully tying its Web browser to its operating system. The facts found do not support the conclusion, however, that the effect of Microsoft's marketing arrangements with other companies constituted unlawful exclusive dealing under criteria established by leading decisions under Section 1."

In regards to Microsoft's practice of "binding" their Web browser to its Windows operating system, Judge Penfield finds, "With respect to OEMs, Microsoft's campaign proceeded on three fronts. First, Microsoft bound Internet Explorer to Windows with contractual and, later, technological shackles in order to ensure the prominent (and ultimately permanent) presence of Internet Explorer on every Windows user's PC system, and to increase the costs attendant to installing and using Navigator on any PCs running Windows."

In the final phase of this case, Judge Jackson will consider penalties against Microsoft that could include a forced breakup of the company.

In a late afternoon press conference, Microsoft Chairman Bill Gates stated that Microsoft had anticipated today's ruling and will go forward with appeals. 

Gates promised consumers that Microsoft would continue to pursue innovation and product improvement during the appeal process.

Reference Links

U.S. v. Microsoft Corporation:  Conclusions of Law and Final Order
The entire 43-page finding of law issued today by
District Court Judge Thomas Penfield Jackson.

Antitrust Division - US Department of Justice
Provides links to antitrust law and much more information and testimony in the Microsoft case. Presents the government's side of the case.

Microsoft: Freedom to Innovate Network
The industry giant's Web site dedicated to presenting its side of the antitrust case.


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