Microsoft back in the dock

Article Abstract:

Judge Stanley Sporkin has acted fairly in reexamining the Justice Dept's antitrust consent decree with Microsoft to determine whether it serves the public interest. Full public disclosure of the terms of the decree and reevaluation of significant issues not covered in the agreement are needed to determine if Microsoft has gained unfair advantages over competitors through anticompetitive measures taken in the past. Sporkin is right in his assertion that the decree does not do anything about Microsoft's previous market domination methods. The only thing the Justice Dept has secured with this settlement is a promise from Microsoft to 'sin no more' in the future. Microsoft has been under Federal investigation since 1991 by both the Justice Dept and the Federal Trade Commission, yet none of these actions have resulted in significant changes in how the company does business. Microsoft has many ambitious plans for online and financial services, yet its strong position may obstruct the marketing of useful products by other firms.

Legal Counsel and Prosecution, Antitrust Division, Editorial, Industry legal issue, Antitrust Issue

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If Microsoft loses case, remedies are thorny

Article Abstract:

The DOJ is facing several sticky legal issues in their case against Microsoft. The DOJ will have to prove that Microsoft is denying access to an "essential facility" that is much different than the "monopolies" that the government has broken up in the past. If the DOJ prevails in their suit against Microsoft they will also have to find a way for Microsoft to remedy their unfair practices without violating their intellectual property rights. The DOJ has legal scholars investigating possible remedies for Microsoft, but insiders believe that forcing Microsoft to share technology could create a regulatory quagmire for the government.

United States, Government regulation (cont), Systems Software Pkgs (Micro), Operating system, Operating systems (Software), Operating systems, Microsoft Windows 95 (Operating system)

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