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Microsoft Antitrust Case Documents

November 1, 2002: Final Judgement in Non-Settling States' case against Microsoft

On May 18, 1998, following an extensive investigation, Attorneys General from 20 states and the District of Columbia filed this civil action against the Microsoft Corporation alleging the company had abused its monopoly position in the desktop computer operating system market to destroy and prevent competition. The states and the Department of Justice asserted that Microsoft had used a variety of unlawful tactics in order to maintain its monopoly.

Liability Phase

On October 19, 1998, trial commenced in the District Court. Based upon the evidence presented, the trial court issued extensive findings of fact and conclusions of law, holding that Microsoft had engaged in a broad pattern of anticompetitive conduct to eradicate developing threats to its monopoly. Among other things, the court determined that such conduct violated Section 2 of the Sherman Act and various state law counterparts.

Major Judicial Decisions

Remedy Phase

Based upon the remand ordered by the Court of Appeals, Judge Colleen Kollar-Kotelly is presiding over hearings to determine the appropriate remedy. Microsoft, the Department of Justice, and nine states reached a settlement agreement on the remedy which they are urging the court to adopt. Nine other states and the District of Columbia, (the litigating states) are seeking additional relief.

Remedy Proposals

Tunney Act Procedings

Litigating States v. Microsoft, Remedies Proceedings

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