The J-TAC (Stephenville, Tex.), Vol. 159, No. 1, Ed. 1 Thursday, January 27, 2000 Page: 9 of 12
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States say Microsoft ignoring court rulings, reality
By James V. Grimaldi
Even a blizzard that shut down the federal courts didn't stop
the Microsoft antitrust battle from moving forward Tuesday as
the Department of Justice and 19 states accused the software giant
of ignoring the law, the facts and the court's findings.
"Microsoft treats as nearly an afterthought both the court's core
finding that Microsoft has monopoly power and the unifying
theme of the court's numerous findings on Microsoft's conduct/'
government lawyers said.
Even as the paper war heads toward final arguments, some dis-
sension arose in government ranks over remedies, should
Microsoft lose the case.
Reports surrounding the trial have said government officials are
in agreement that breaking up Microsoft was the appropriate way
to restore competition to the computer industry.
But Betty Montgomery, attorney general of Ohio, is leaning
against a "structural remedy/' adding it is too soon to decide
remedies, said her spokesman, Todd Boyer.
Since reports emerged that the Justice Department and the
states supported a breakup, some officials close to the govern-
ment's case have emphasized the decision was not final.
At the same time, Microsoft has mounted a vigorous public
defense against breaking up the company and is expected to
make a similar case behind the closed doors of a mediation effort
to settle the case.
In a letter to The Seattle Times, spokesman Mark Murray
argued that there is absolutely no precedent for the radical notion
that Microsoft should be broken up, even if the court rules against
"Over the past 100 years, there is no case in which the govern-
ment has ever broken up an operating company, no matter how
severe the antitrust violation/' he said.
Murray argued that Standard Oil and AT&T — each broken up
after being subjected to antitrust scrutiny — were "trusts or
umbrella holding companies that had been assembled from previ-
ously stand-alone companies." William Kovacic, a
George Washington University law professor and expert in
antitrust enforcement, said that while such an argument has some
merit, it isn't unique to Microsoft. The parallels to Standard Oil
are stronger than Murray claims, Kovacic said.
"When you,look at Standard Oil, you see Standard representa-
tives saying: If you require the (breakup), you will tear apart inte-
grated operations, whose success depends separately on other
pieces of the Standard family/' he said.
Meanwhile, the arguments being made in mediation sessions in
Chicago remain secret. No meetings were scheduled this week.
Murray said it is the government that is denying reality
"The government is both misleading the law and misrepresent-
ing the facts of our industry," Murray said. "This is an intensely
competitive industry, and it is only getting more competitive."
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Jafri has completed the first
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Initially, Jafri intended to
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Faculty members made a
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Unofficial results estimate
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In the coming months, Jafri
and Dudley will confirm the -
survey data and form the
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Jafri felt that though the
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The J-TAC (Stephenville, Tex.), Vol. 159, No. 1, Ed. 1 Thursday, January 27, 2000, newspaper, January 27, 2000; (https://texashistory.unt.edu/ark:/67531/metapth141968/m1/9/: accessed April 20, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Tarleton State University.