A Narrow Reprieve Comes for Microsoft ; the Break-Up of the Software Giant Is Voided, Due to the Judge's Conduct

By David Francis and Tom Regan writers of The Christian Science Monitor | The Christian Science Monitor, June 29, 2001 | Go to article overview

A Narrow Reprieve Comes for Microsoft ; the Break-Up of the Software Giant Is Voided, Due to the Judge's Conduct


David Francis and Tom Regan writers of The Christian Science Monitor, The Christian Science Monitor


Yesterday's out-of-the-blue court decision that stalls the breakup of Microsoft Corp. is a clear-cut victory for the software giant - but perhaps only a temporary one.

A US court of appeals did not settle Microsoft's future, but ordered that a new judge be assigned to decide what penalty the firm should pay for monopolizing a segment of the software market.

In doing so, the appeals court in the District of Columbia rapped the knuckles of federal Judge Thomas Penfield Jackson, who presided over the US government's antitrust case against Microsoft. Judge Jackson's actions, the court said, "seriously tainted the proceedings before the District Court and called into question the integrity of the judicial process."

This development poses a dilemma for the Bush administration, which has shown less zealotry in pursuing Microsoft than did the Clinton team. Still, "there is a large staff over at [Department of] Justice with a very large stake in the case," says Bert Foer, president of the American Anti-Trust Institute. "It's going to be impossible for the Bush administration to completely walk away from this case."

One possibility, Mr. Foer says, is that the administration will craft a settlement in which Microsoft remains intact but agrees to change some of its marketing strategies.

At the conclusion of last year's trial, Microsoft was found to have engaged in anticompetitive practices by packaging its Windows operating system with its Explorer Web browser.

To appeal or not to appeal

If President Clinton were still in office, an appeal would probably have been filed immediately to the nation's top court. That may yet occur: Although Bush officials are regarded as "antitrust minimalists," Attorney General John Ashcroft is regarded as no big fan of Microsoft.

If he decides to appeal the case to the US Supreme Court, the battle with Microsoft is not over. If his team opts to reargue the case in a lower court, Microsoft may have won.

"This is not really the big victory for Microsoft that it appears to be," says Norm Hawker, an antitrust expert at Western Michigan University in Kalamazoo. "Microsoft got a big win in terms of avoiding the breakup," but the court did not alter two key findings by Judge Jackson.

First, the verdict that Microsoft acted illegally as a monopoly still stands. Second, the company is found to have violated antitrust laws.

"Those two findings alone spell real troubles for Microsoft, in terms of private litigations," regardless of how vigorously the Bush team pursues the case, Mr. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

A Narrow Reprieve Comes for Microsoft ; the Break-Up of the Software Giant Is Voided, Due to the Judge's Conduct
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.