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 ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
