DOJ v. Microsoft II
U.S.A. v. Microsoft, Case No. 98-CV-1232, and
New York v. Microsoft, Case No. 98-CV-1233,
Consolidated
United States of America v. Microsoft Corp., U.S. District Court for the District of Columbia, Case No. 98-CV-1232, and State of New York, et. al., v. Microsoft Corp., Case No. 98-CV-1233.
Nature of the Case. Another in a series of ongoing proceedings in which the Department of Justice seeks to regulate Microsoft's production and sales of software products. The first suit (see, DOJ v. Microsoft I) was filed 1994, and settled in 1995. The Justice Department restarted that matter in October of 1997 with a contempt motion. This action, filed on May 18, 1998, alleges that Microsoft is in violation of Sections 1 and 2 of the Sherman Antitrust Act, and seeks to enjoin Microsoft from selling certain products and engaging in certain sales practices.
The DOJ's Complaint Contains Four Claims for Relief: |
Count 1. "Unlawful Exclusive Dealing and Other Exclusionary Agreements in Violation of Section 1 of the Sherman Act. ... Microsoft's agreements with ISPs, ICPs, and ... OEMs ... unreasonably restrict competition ... thereby restraining competition in the Internet browser market ..." |
Count 2. "Unlawful Tying in Violation of Section I of the Sherman Act. ... Microsoft has tied ... its Internet browser to its separate Windows operating system ..." |
Count 3. "Monopolization of the PC Operating Systems Market in Violation of Section 2 of the Sherman Act. ... Microsoft possesses monopoly power in the market for PC operating systems. ... Microsoft has willfully maintained, and unless restrained by the Court will continue to willfully maintain, that power by anticompetitive and unreasonably exclusionary conduct. Microsoft has acted with an intent illegally to maintain its monopoly power in the PC operating system market, and its illegal conduct has enabled it to do so ..." |
Count 4. "Attempted Monopolization of the Internet Browser Market in Violation of Section 2 of the Sherman Act." |
The government has asserted additional allegations is various pleadings filed in August, September, and October. However, it has not filed an amended Complaint.
Status. The case is currently being tried.
Plaintiffs:
Defendant. Microsoft
Corporation, One Microsoft Way, Redmond, WA, 98052-6399, 206-882-8080. Attorney,
John L. Warden, Sullivan & Cromwell, 125 Broad
Street, New York, NY, 10004.
Chronology with Links to Pleading and other Materials.
(All links are to HTML documents in Tech Law Journal, except where otherwise noted.)
Trial Testimony.
Other Sources of Pleadings, Orders, and other Documents.
Attorneys |
|
Microsoft Legal Team John Warden (lead trial lawyer for Microsoft) James R. Weiss William H. Neukom Charles Rule (Legal Advisor) |
Government Legal Team David Boies Joel I. Klein Phillip R. Malone Stephen D. Houck Christine Rosso Robert Bork |