Out-Law News 1 min. read

States may take their own action against Microsoft


The Attorneys General of New York and California have said that they may press for their own remedies against Microsoft if they conclude that the remedies requested by the Department of Justice do not go far enough.
In June, the District of Columbia Court of Appeals ruled that Microsoft had breached antitrust laws, but rejected a proposed remedy to split the company in two and subsequently referred the case to a lower court for an alternative remedy to be found. The Department of Justice last week announced that it would not now be pushing for reinstatement of the break-up remedy.

There are 18 Attorneys General involved in the case against Microsoft. Elliot Spitzer, Attorney General for New York, said in a statement issued jointly with his Californian counter-part:

"The states of New York and California will insist that Windows XP - Microsoft's latest version of its personal computer operating system, scheduled for marketplace release in the next few weeks - receive close scrutiny in arriving at a judicially ordered remedy. As the US Court of Appeals found, some of the ways that Microsoft unlawfully crushed competition from Netscape included bundling Microsoft's internet browser to its Windows operating system, and pressuring industry computer makers into refraining from adding Netscape's browser to the computers that they sold. It is imperative that Microsoft not have another opportunity to use Windows XP to suppress competition in emerging internet areas.

The states are committed to pressing the trial court for stringent remedies that will change the conduct by Microsoft that the courts have found to be illegal, and that will provide consumers with the benefits of competition. We look forward to continuing to work with the Department of Justice in the proceedings that are about to begin before the trial court, but will, if necessary to protect the public, press for remedies that go beyond those requested by the Department of Justice."

According to a report today by the Wall Street Journal, Microsoft is preparing a settlement proposal for the Department of Justice, with a view to concluding the Department’s antitrust suit against the company.

We are processing your request. \n Thank you for your patience. An error occurred. This could be due to inactivity on the page - please try again.