FC: Justice Department offes details of Microsoft antitrust deal

[Declan McCullagh <declan () well com>]

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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