From The Dark Side -- Justice Dept. & 19 States Filed Their "Conclusions of Law"

in the Microsoft antitrust trial yesterday. The "brief" is located here. [Dana Baggett] It argues that the Microsoft committed multiple violations of the Sherman Antitrust Act; violating Section 2 by illegally maintaining an operating system monopoly of Intel-based PCs, violating Section 1 by tying its web browser to its monopoly OS and by numerous illegal excusionary agreements and attempting to monopolize the web browser market. Here is the summary statement:

"This Court's detailed findings of fact, issued November 5, 1999, describe Microsoft's monopoly power; Microsoft's recognition of the threat posed by Netscape Navigator, cross-platform Java, and other middleware to the applications barrier to entry supporting that power; Microsoft's determined efforts to beat back that threat, and thus keep the entry barrier high, not by simply offering consumers improved or more easily available products, but by a host of costly exclusionary actions that both directly and indirectly limited consumer choices; and Microsoft's substantial success in limiting browser and other middleware competition and thus in preserving the entry barrier that protects its monopoly power. Those facts are not repeated in full here. Rather, in proposing conclusions of law based on the November 5 findings, this brief summarizes in each section of the legal analysis enough of the pertinent findings to show that the particular element of the legal violation has been established."

Here's Rajiv Chandrasekaran's summary article in today's Washington Post.

Saw something? Send a tip

The archive ran on reader tips. What did you see, where, and do you want the credit?

Read by the editor. Never published without your say.

More in Dark Side · This month in the archive