Antitrust and Trade Regulation: Microsoft

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NOTE: This page is no longer being updated. For the latest Microsoft Antitrust Trial developments, visit FindLaw Legal News Investigations: Microsoft.

[02/09/01] Brief For Appellees U.S. And State Plaintiffs In The Microsoft Appeal [HTML] [PDF] (no Word Version)
[01/29/01] Microsoft's Reply Brief To The U.S. Court of Appeals [HTML] (no PDF version) (no Word Version)
[06/07] Memorandum and Order [HTML] [PDF] (no Word Version)
[06/07] Final Judgment [HTML] [PDF] (no Word Version)

Antitrust & Trade Regulation Message Board

WHICH REMEDIES? APPRAISING MICROSOFT II - April 30, 1999, Washington, DC.
Ralph Nader and Essential Information hosted a one day conference on remedies for anticompetitive conduct by Microsoft."Which Remedies? Appraising Microsoft II," followed an earlier Appraising Microsoft conference held in November 1997, the first conference to focus exclusively on anticompetitive conduct by Microsoft.The Friday April 30 conference on remedies featured four panels. The first panel focused on divestitures and structural remedies. The second panel focused on unbundling, pricing and contracting practices. The third panel addressed interoperability remedies. The fourth panel focused on non-antitrust remedies, such as procurement policies, consumer boycotts or use of alternative operating systems. Click here for a workshop transcript.

Microsoft and the DOJ - Page Outline

The Parties
Chronology of Events
105th Congress: Microsoft Testimony
Testimony of William Gates
Microsoft: Trial News Page

DOJ - Latest Information
DOJ - MS Litigation Filings and Documents
DOJ - Direct Testimony
Other MS-DOJ Resource Sites
Other MS-DOJ Web Pages and Articles

Microsoft and the DOJ

The Parties

Department of Justice Antitrust Division
Microsoft [ Microsoft Case Information ]
The State Attorney Generals of New York, California, Connecticut, D.C., Florida, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, North Carolina, Ohio, South Carolina, Utah, Virginia and Wisconsin.

Other Interested Parties (all anti-Microsoft)

Ralph Nader, Jamie Love and the Consumer Project on Technology
Netscape
Sun Microsystems
Wilson Sonsini Goodrich & Rosati (home of anti-microsoft lawyer Gary Reback)

Primary Resources

Chronology of Events From Microsoft.
106th Congress: Microsoft Testimony From THOMAS legislative services.
105th Congress: Microsoft Testimony From THOMAS legislative services.
Deposition Testimony of William Gates From DOJ.
Trial News Page From Microsoft.
Latest Information From DOJ.
Direct Testimony From DOJ.

DOJ is barking up the wrong feature Editorial piece by PC Week's Jim Louderback. Jim states the browser is something that belongs in the operating system and then notes that Microsoft's real extension of their OS monopoly power is in the application arena, where Microsoft Application Developers often get inside OS information earlier, leaving competitors constantly playing catch up. This is an editorial worth reading.

Current Complaint and Documents

Filed by USDOJ. 18 May 1998

Microsoft's Answer to May 1998 Complaint

1994 DOJ - Microsoft Consent Decree and Documents Related to Current Litigation

US - Microsoft Consent Decree (7/15/94)

US DC Circuit Court of Appeals

Motion for Expedited Consideration and for an Expedited Briefing Schedule (Microsoft 12/16/97)
Response of the United States to Appellant Microsoft's Motion for Expedited Consideration and for an Expedited Briefing (USDOJ 12/22/97)
Microsoft's Reply in support of expedited consideration of Microsoft's appeal (Microsoft 12/23/97)
Ruling US DC Circuit Court of Appeals granted Microsoft's request for an expedited hearing. (12/30/97)
Petition for a Writ of Mandamus and Motion for Stay of Proceedings (US DC Circuit of Appeals, Microsoft 1/16/98)
Response of the United States to Microsoft Corporation's Petition for a Writ of Mandamus and Motion for Stay of Proceedings (USDOJ 1/27/98)
Reply of Petitioner Microsoft Corporation in Support of its Petition for a Writ of Mandamus and Motion for Stay of Proceedings (Microsoft 1/30/98)
Brief For Respondent-Appellant (Microsoft 1/29/98)
Microsoft's Reply Brief in Special Master Appeal (Microsoft 1/30/98)
Brief of Appellee United States (USDOJ 3/2/98)
Microsoft's Reply Brief for Respondent-Appellant (Microsoft 3/09/98)
On Petition for a Writ of Mandamus - Supplemental Brief of the United States in Opposition (USDOJ 4/7/98)
Microsoft's Supplemental Brief For Petitioner (Microsoft 4/07/98)
Microsoft's Motion for a Stay of the Preliminary Injunction Insofar as it Relates to Windows 98 (Microsoft 5/05/98)
Support of Microsoft's motion for a stay of the preliminary injunction insofar as it relates to Windows 98. (Microsoft 5/05/98)
Response of the United States to Appellant Microsoft Corporation's Motion For a Stay of the Preliminary Injunction Insofar as it Relates to Windows 98 (USDOJ 5/7/98)
Motion of Appellant Microsoft Corporation for a Stay Pending Appeal of the August 11, 1998 Order Permitting Members of the Public to Attend All Pretrial Depositions (Microsoft 08/11/98)
Motion for a Stay Pending Appeal of the August 11, 1998 Order (Microsoft 08/17/98)

US District Court

Court Orders and Decisions
- 1998 Orders
- Memorandum and Order - Microsoft ordered to unbundle Internet Explorer from Windows 95. (12/11/97)
- Order of Reference to Special Master - Lawrence Lessig appointed a Special Master. (12/11/97)
- Memorandum and Order - Microsoft's request to remove Lawrence Lessig as Special Master is denied. (1/14/98)
- Stipulation and Order (1/22/98)
Petition by the United States for an Order to Show Cause Why Respondent Microsoft Corporation Should Not Be Found In Civil Contempt (USDOJ 10/97)
Memorandum of the United States in Support of Petition for an Order to Show Cause Why Respondent Microsoft Corporation Should Not Be Found In Civil Contempt (USDOJ 10/97)
Memorandum in Opposition to Petition of the United States for an Order to Show Cause Why Respondent Microsoft Corporation Should Not Be Found In Civil Contempt (Microsoft 11/10/97)
Reply Brief of Petitioner United States of America (USDOJ 11/20/97)
United States' Response to Microsoft's Sur-Reply (USDOJ 12/4/97)
Motion of the United States to Unseal Documents Filed with United States' Reply Brief and Documents Filed by Microsoft with its Response Brief (USDOJ 11/97)
Letter by David A. Heiner Senior Corporate Attorney of Microsoft to Phillip R. Malone of the U.S. Department of Justice Antitrust Division claiming that Microsoft was complying fully with the court's order (with the 3 options, an WIN95 OS with IE, a two year old version of WIN95 and a current version with IE removed (which does not boot/work (and thus IE is integrated and essential to OS :)), refuting the DOJ's allegations that Microsoft was not in compliance. (Microsoft 12/97)
Motion by the United States for Judgment Of Civil Contempt and to Enforce Preliminary Injunction (USDOJ 12/17/97)
Memorandum in Opposition to the Motion of the United States for Judgment of Civil Contempt and to Enforce Preliminary Injunction (Microsoft 12/23/97)
Reply Memorandum of the United States in Support of its Motion for Judgment of Civil Contempt and to Enforce Preliminary Injunction (USDOJ 12/29/97)
United States' Memorandum in Opposition to Microsoft'S Motion to Revoke Reference to Special Master and to Stay Further Proceedings Before Special MASTER (USDOJ 1/5/98)
Motion of Respondent Microsoft Corporation for a Definite Description of the Alleged "Other Product" (Microsoft 1/9/98)
Memorandum of the United States in Opposition to Microsoft's Motion for a Definite Description of the Alleged "Other" Product (USDOJ 1/20/98)
Proposed Findings of Fact Submitted by Respondent Microsoft Corporation (Microsoft 1/19/98)
United States' Proposed Findings of Fact (USDOJ 1/19/98)
Stipulation and Order Submitted by Microsoft (Microsoft 1/22/98)
Federal - Motion to Consolidate (Microsoft 05/21/98)
Federal - Motion for Fair and Reasonable Schedule (Microsoft 05/21/98)
State - Motion to Consolidate (Microsoft 05/21/98)
State - Motion for Fair and Reasonable Schedule (Microsoft 05/21/98)
Microsoft's Memorandum in Support of its Motion to Compel Novell, Inc. to Comply with the Subpoena Dated June 10, 1998 (Microsoft 07/23/98)
United States' and Plaintiff States' Memorandum in Support of Motion to Compel Microsoft Corporation (USDOJ 7/31/98)
United States' Motion to Compel Microsoft Corporation to Comply with Discovery (USDOJ 7/31/98)
Microsoft Response to DOJ Motion (Microsoft 08/04/98)
United States' and Plaintiff States' Opposition to Microsoft's Motion to Modify Stipulation and Protective Order (USDOJ 8/5/98)
Material Facts as to Which Microsoft Corporation Contends There is no Genuine Issue (Microsoft 08/10/98)
Motion for Summary Judgment (Microsoft 08/10/98)
Motion for Stay Pending Appeal of the Courts Order Allowing Media to Attend Pretrial Deposition (08/11/98)
Motion for Stay Pending Appeal of the Courts Order Allowing Media to Attend Pretrial Deposition (Microsoft 08/11/98)
United States' Opposition to Microsoft Corporation's Motion for a Stay (USDOJ 8/12/98)
Opposition of the United States of America to Appellant Microsoft Corporation's Motion for a Stay Pending Appeal of the August 11,1998 Order (USDOJ 8/14/98)

Other Consent Decree Documents - Before the Consent Decree took effect, US District Judge Sporkin ruled that it was not in the public interest. The US Dept. of Justice appealed and the US DC Circuit Court ruled that Judge Sporkin might have been biased and remanded the case, and the consent decree was eventually approved. Below are the US Department of Justice and court documents, briefs and ruling that lead to consent decree being declared valid.

Complaint - For Violations of Sections 1 & 2 of the Sherman Act. (USDOJ 7/15/94)
Consent Decree - Final Judgment. This is the consent decree that the US DOJ and Microsoft agreed to. (7/15/94)
Stipulation. (7/15/94)
Competitive Impact Statement This documents gives a run down on what Microsoft was doing and how the Consent Decree would fix things. (USDOJ 7/27/94)
Declaration of Economist, Kenneth J. Arrow. The Noble prize winning economists take on Microsoft and how the Consent Decree remedies the anticompetitive effects of the practices challenged in the complaint. This is an economic analysis that is readable by non-economists. (1/17/95)
Memorandum of the United States of America in Support of Motion to Enter Final Judgment and in Opposition to the Positions of I.D.E. Corporation and Amici (USDOJ 1/18/95)
Memorandum of the U.S. in Response to the Court's Inquiries Concerning "Vaporware". (USDOJ 1/27/95)
Response of the United States of America to Supplemental Submission of Amici Curiae (USDOJ 2/3/95)
Order Re Motion to Approve the Consent Decree. Judge Sporkin orders that the motion to approve the consent decree be denied. (2/14/95)
Court's Memorandum Re Consent Decree. Judge Sporkin finds that the proposed antitrust consent decree is not in the public interest. (2/14/95)
Motion for Expedited Consideration and for Briefing Schedule. (USDOJ 2/16/95)
Brief for Appellant United States of America (USDOJ 3/7/95)
Motion of United States of America to Postpone Status Conference (USDOJ 3/14/95)
Order Judge Sporkin cancels a scheduled meeting as both the US DOJ and Microsoft are appealing his ruling. He gives some additional observations with respect to the decision. (3/14/95)
Letter from AG Anne K. Bingaman to Judge Sporkin Letter about misunderstanding of sentence in a brief. (USDOJ 3/14/95)
Amici Curiae Brief from Gary L. Reback and other lawyers on behalf of some anonymous clients. (4/6/95)
Reply Brief for Appellant United States of America (USDOJ 4/10/95)
Oral Arguments before the United States Court of Appeals for the District of Columbia Circuit (4/24/95)
United States Court of Appeals for the District of Columbia Circuit Court Opinions thinks Judge Sporkin might have been biased against Microsoft. The case is remanded to the chief judge of the district court, with instructions that it be assigned to another district court judge. (6/16/95)
Discovery Motions (USDOJ 6/16/95)

MS-DOJ Resource Sites

Web Sites, Press Releases, Articles and Other Documents on Microsoft and Antitrust including information on the Microsoft Internet Explorer Browser Tie-in with the Windows Operating System

Microsoft Fine-O-Matic The Justice Department has demanded a $1,000,000 per day fine for Microsoft's violation of a 1997 court order. This site's JavaScript will show you the running total.
What if Microsoft Loses the Antitrust Case? Justice is mulling over potential remedies to propose if it wins its antitrust case against Microsoft -- a prospect that seems more likely with each passing Microsoft courtroom blunder. From CNN Interactive.
Mining Company: Current Events: Law: Microsoft Attorney Paul Reed guides you through some of the legal issues.
Judge Acknowledges Deal's Impact MSNBC story on the impact of the Netscape-AOL deal on Judge Jackson.
New video, same old Bill By Elizabeth Wasserman.
Die, Monster, Die! (Thoughts on the Demonization of Microsoft) by Neil McAllister.
Gates: Browser Conceived Before Netscape Was Born by Paul Andrews, Seattle Times.
It's the Content, Stupid, A Real Life Analysis of Microsoft and 21st Century Society, Part I by Charles Kafoure.
It's the Content, Stupid, A Real Life Analysis of Microsoft and 21st Century Society, Part II by Charles Kafoure.
US DOJ Press Release: Justice Department Charges Microsoft with Violating 1995 Consent Decree (10/16/97)
U.S. v. Microsoft: We're Defending Our Right to Innovate By Bill Gates (5/20/98).
Background Information on Legal Issues
Predatory Pricing in the Software Industry Andrew Watson of the
Rutgers Law Record argues that the Department of Justice should be focusing on predatory pricing.
The Department of Justice's Unjustifiable Inquisition of Microsoft by Adam D. Thierer of the Heritage Foundation. This is a good preview of arguments that Microsoft will make if this case ever goes to court in front of a lay jury. To reach the conclusion that Microsoft is not a monopolist, the author looks Microsoft's control of the whole computer software market or browser market rather than the US DOJ antitrust's division's focus on the Operating System Market (which is on over 80% of the world's computers).
Creative Insecurity - The complicated truth behind the rise of Microsoft By Virginia I. Postrel (Reason Magazine 1/98) - Libertarian Viewpoint.
Appraising Microsoft Conference November 13 - 14, 1997, Washington, DC - Conference topics discussed included: The Microsoft Antitrust Decree, A Consumer Framework for the Digital Age, The Federal Government and Antitrust Enforcement, The Digital Commerce Toll Road and The Theory of Increasing Returns. Organized by Consumer Advocate Ralph Nader.
The Consumer Project on Technology Microsoft Antitrust Page from the consumer advocates Ralph Nader and Jamie Love, this page includes numerous links to Ralph Nader Press Releases and other materials regarding the Microsoft Antitrust case.
The Microsoft Menace: Why I'm leading a crusade to stop its drive for cyberspace hegemony by Ralph Nader (Slate, 10/29/97).
Letter from Don Hardwick, Microsoft's head of OEM sales to Celeste Dunn, Compaq's vice president of consumer software business. Hardwick says Microsoft will terminate Compaq's license for Windows 95 unless the PC maker restored the Microsoft Network and Internet Explorer icons on the desktop. (6/96) Posted on C|Net news.com.
Microsoft is Fed Up Hot Wired Hotseat Interview with Microsoft legal chief counsel Bill Neukom with host John McChesney (original broadcast date - November 19, 1997).
Chicken Little Comes Home to Roost: A Misplaced and Flawed Economic Theory Bedevils Microsoft The full version of the September 1995 Upside Magazine article by Stan Liebowitz and Stephen Margolis.
Making Microsoft Safe for Capitalism by James Gleick (first published in The New York Times Magazine, 11/5/95).
Microsoft and the Browser Wars: Fit to Be Tied constitutional critique of the Justice Department's case against Microsoft.
Microsoft Antitrust Page from the Center for Study of Responsive Law. Numerous documents relating to the Microsoft antitrust action.
Oh No! Mr. Bill a WIReD Magazine story.
Software Industry Issues: Antitrust includes Microsoft/Netscape information.
Vanderbilt Antitrust Policy Project Microsoft Material.