FC: Justice Department offes details of Microsoft antitrust deal

From: Declan McCullagh (declanat_private)
Date: Thu Nov 15 2001 - 16:39:51 PST

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    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:
    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 
    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 
    Text of revised Microsoft antitrust settlement:
    Photos from the courthouse after the settlement hearing:
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