Today the Justice Department filed its Competitive Impact Statement, which
gives additional details of the Microsoft settlement deal and offers a
glimpse at the alternatives that goverment attorneys considered during
their negotiations.
I've placed it online here:
http://www.politechbot.com/docs/ms.statement.111501.html
http://www.politechbot.com/docs/ms.statement.111501.pdf
An excerpt from what-might-have-been:
>The United States considered a number of alternatives to the Proposed
>Final Judgment. The United States is satisfied, however, that the
>requirements and prohibitions contained in the Proposed Final Judgment,
>supported by strong compliance and enforcement procedures, provide a
>prompt, certain and effective remedy for the violations Microsoft has
>committed. First, the United States considered litigation of the issue of
>remedy in the District Court. The United States balanced the strength of
>the provisions obtained in the Proposed Final Judgment; the need for
>prompt relief in a case in which illegal conduct has long gone unremedied;
>the strength of the parties' respective positions in a remedies hearing
>and the uncertainties inherent in litigation; and the time and expense
>required for litigation of the remedy.
Information about how DOJ and the signing states will oversee Microsoft for
the next five years or so:
>The United States and individual Plaintiff States each have authority to
>enforce the Proposed Final Judgment. Plaintiff States will coordinate
>their enforcement efforts through an enforcement committee, and in
>consultation with the United States. Enforcement by the United States or
>plaintiff States may include any legal actions or proceedings that may be
>appropriate to a particular situation, including petitions in criminal or
>civil contempt, petitions for injunctive relief to halt or prevent
>violations, motions for declaratory judgment to clarify or interpret
>particular provisions, and motions to modify the Final Judgment. While
>Microsoft will be given a reasonable opportunity to cure violations of
>Sections III.C., III.D., III.E. and III.H. of the Proposed Final Judgment
>prior to the filing of enforcement petitions, ex post abatement of
>violations will not be a defense to enforcement, through contempt actions
>or otherwise, of any knowing, willful or systematic violations by
>Microsoft or other persons specified in Section II of the Proposed Final
>Judgment.
Justification for the settlement:
>The relief contained in the Proposed Final Judgment provides prompt,
>certain and effective remedies for consumers. The requirements and
>prohibitions will eliminate Microsoft's illegal practices, prevent
>recurrence of the same or similar practices, and restore the competitive
>threat that middleware products posed prior to Microsoft's unlawful
>undertakings.
Text of revised Microsoft antitrust settlement:
http://www.politechbot.com/p-02762.html
Photos from the courthouse after the settlement hearing:
http://www.mccullagh.org/theme/microsoft-states-settle-nov01.html
-Declan
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Received on Nov 16 2001
Intro
