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Micro + Soft & # 8211 ; The Split of an Empire

Kendra Phelps

BUS 415.3 / Business Law

Rob Goodwin

July 5, 2000

Table of Contentss

I. Introduction: The Allegations and the Laws 3

II. Introduction: The Proof 4

III. Trial 5

Table 1 6

IV. The Proposal 8

V. Microsoft & # 8217 ; s Response 9

VI. The Enemies and Their Ideas 11

VII. Current Status and Discussion 12

VIII. Recommendations 15

Mentions 18

Micro + Soft & # 8211 ; The Split of an Empire

Could the megalosaurus concern that was conceived in 1975 truly be split in two & # 8211 ; or three? This is what U.S. District Court Judge Thomas Penfield Jackson has decreed in order to set a halt to the monopolistic mischiefs that Microsoft calls concern as usual. The Department of Justice ( DOJ ) and 20 provinces are actioning Microsoft Corporation in one of the largest antimonopoly cases brought approximately since the probe and resulting dissolution of AT & A ; T in 1984. If Judge Jackson gets his manner, Microsoft ( MS ) could really good be two different companies sparring with each other.

I. Introduction: The Allegations and the Laws

Basically, the complainants are bear downing Microsoft with the undermentioned three misdemeanors:

1 ) Microsoft has waged an condemnable run in defence of its monopoly place in the market for runing systems designed to run on Intel-compatible personal computing machines ( Personal computers ) . More specifically, the complainants contend that Microsoft violated Section 2 of the Sherman Act by prosecuting in a series of exclusionary, anticompetitive, and plundering Acts of the Apostless to keep its monopoly power. They besides assert that Microsoft attempted, although unsuccessfully to day of the month, to monopolise the Web browser market, which is besides in misdemeanor of Section 2 of the Sherman Act. Finally, they claim that some specific steps taken by Microsoft as portion of its run to protect its monopoly power, specifically, binding its browser to its operating system and come ining into sole covering agreements, are besides a misdemeanor of the Sherman Act, Section 1.

II. Introduction: The Proof

The complainants have already shown at test that MS possesses an highly dominant, relentless, and increasing portion of the relevant market. Microsoft & # 8217 ; s portion of the worldwide market for Intel-compatible Personal computer runing systems presently exceeds 95 per centum, and the company & # 8217 ; s portion would rest good above 80 per centum even if the Mac OS were included in the figures.

The complainants besides proved that the applications barrier to entry protects Microsoft & # 8217 ; s dominant market portion. This barrier ensures that no Intel-compatible Personal computer operating system other than Windows can pull important consumer demand, and the barrier would run to the same consequence even if Microsoft held its monetary values well above the competitory degree for a drawn-out period of clip. Together, the cogent evidence of dominant market portion and the being of a significant barrier to effectual entry create the given that Microsoft enjoys monopoly power.

Microsoft did non make the barrier to entry all by itself, the consumers & # 8217 ; penchants helped this along, nevertheless, Microsoft took specific predatory steps to do certain that its merchandise attracted the market and finally trapped the market.

Section 2 of the Sherman Act prohibits the act of monopolisation. This means that the act itself is improper, non monopolies. It states that & # 8220 ; Every individual who shall monopolise, or effort to monopolise, or combine or conspire with any other individual or individual, to monopolise any portion of the trade or commercialism among the several States, or with foreign states, shall be deemed guilty of a felony. & # 8221 ; Here is the jurisprudence & # 8211 ; the complainants found the cogent evidence. They found it in many of MS & # 8217 ; s actions and in their contracts with distributers and they have written testimony, records, and even admittances by MS of their many actions. Yet, MS still maintains that it is non a monopoly.

Unfortunately for MS, there are merely two defences to the allegation of monopolising that have been acknowledged. One is the defence of guiltless acquisition, intending that they somehow gained acquisition ( or purchased ) because of superior accomplishments or foresight and that it wasn & # 8217 ; t calculated or targeted. The 2nd defence for monopolising that is recognized is a natural monopoly. This means that there would be a really modest market that could merely back up one rival, such as a little town java store, newspaper, or picture shop. Obviously, Microsoft doesn & # 8217 ; t tantrum into either class, and if it did suit into one of the classs and still abused its power in any pillage or restrictive manner, it would lose the defence.

III. Test

In order to to the full show the history and the state of affairs as it stands, I have included a tabular array that shows a subset of the major events taking up to the present position of the instance against Microsoft. It demonstrates merely how long this type of instance can persist and how much clip, money, and attempt are involved. ( See Table 1 ) .

Table 1

Trial Timeline

Date of Event: Important Detailss:

Oct. 20, 1997

The Justice Department sues Microsoft, asseverating that the company violated a 1995 tribunal order and consent edict deciding an earlier authorities case against Microsoft. The authorities asks for a record $ 1 million per twenty-four hours in mulcts.

Dec. 11, 1997

U.S. District Judge Thomas Penfield Jackson orders Microsoft to halt necessitating computing machine shapers to administer Internet Explorer with its 95 operating package. The opinion besides applies to the approaching Windows 98 plan, in which IE is even more incorporate with the operating package.

Dec. 15, 1997

Microsoft files an entreaty with the U.S. Court of Appeals. The company argues that it was an mistake for the tribunal to prohibit Microsoft from roll uping IE 4.0 with Win95 after denying the Justice Department & # 8217 ; s claim that Microsoft violated the 1995 consent edict. Microsoft says it will follow with the injunction while it is on entreaty.

Jan. 8, 1998

Microsoft executives express sorrow for the company & # 8217 ; s rough rhetoric against the Justice Department and say the package giant should hold been more respectful of the tribunal and prosecuting officers. ( In an ABCNEWS.com canvass on Jan. 9, 72 % of the 2,500 respondents believed that Microsoft had been disrespectful to the Justice Department and the tribunal. )

Jan. 22, 1998

Microsoft and the Justice Department settle their difference. Microsoft agrees to offer an IE-free Windows.

May 5, 1998

Microsoft asks a federal entreaties tribunal to govern that Judge Jackson & # 8217 ; s Dec. 11 preliminary injunction enforcing limitations on Windows 95 & # 8220 ; or any replacement & # 8221 ; make non use to Windows 98.

May 18, 1998

The Justice Department and 20 province lawyers general Sue Microsoft for antimonopoly misdemeanors, including binding the browser to the operating system and utilizing anti-competitive contracts with computing machine shapers and Internet service suppliers ( ISPs ) .

June 23, 1998

The U.S. Court of Appeals reverses the lower tribunal & # 8217 ; s determination in the Windows 95 consent edict instance, leting Microsoft to transport Windows 95 with browsers.

Aug. 31, 1998

In response to a everyday filing by Microsoft, the DOJ makes its first mentions to Microsoft & # 8217 ; s concern traffics with other companies, including Apple, Intel, Sun Microsystems and Caldera.

Oct. 19, 1998

After a figure of holds, the instance of U.S. vs. Microsoft Begins in U.S. District Court in Washington, D.C. Then-Netscape CEO Jim Barksdale is the authorities & # 8217 ; s first informant.

Nov. 17, 1998

In a separate tribunal instance, Sun Microsystems wins a preliminary injunction against Microsoft, coercing Microsoft to halt bring forthing and administering Java engineerings that don & # 8217 ; t follow with Sun & # 8217 ; s criterions. Decisions in this and other antimonopoly instances affecting Microsoft could impact the federal instance.

June 1, 1999

With no word of any possible colony forthcoming, both sides are expected back in tribunal on this day of the month to show rebuttal informants and shutting statements.

June 2, 1999

Microsoft began supporting itself in a federal tribunal in Connecticut against Bristol Technologies, which claims antimonopoly misdemeanors after Microsoft refused to licence Windows beginning codification to Bristol. An antimonopoly suit by Caldera, filed in 1996, besides began this month.

Sept. 22, 1999

One twenty-four hours of shuting statements.

Nov. 5, 1999

Judge Jackson regulations that the package company does so keep a monopoly thanks to its permeant Windows runing systems, that it abused its monopoly power and that this maltreatment has harmed possible rivals and consumers. The justice & # 8217 ; s determination of fact is the first of three opinions that will find Microsoft & # 8217 ; s destiny.

April 3, 2000

Judge Thomas Penfield Jackson regulations that Microsoft violated the Sherman Antitrust Act, and is besides apt in 19 province suits. Microsoft said it will appeal.

May 24, 2000

Judge Jackson confirms MS & # 8217 ; s misdemeanors of the Sherman Antitrust Act, and regulations to divide up the company.

June 20, 2000

Judge Jackson granted a petition to remain the behavior remedies until a higher tribunal Acts of the Apostless and sent the instance to the Supreme Court for consideration.

IV. The Proposal

The Government proposed the following to command Microsoft and convey them down a notch or two:

Microsoft shall be split into two companies, one for its Windows operating system and one for package applications, such as Microsoft Office and Internet Explorer. The authorities is bespeaking that Microsoft would hold to subject a dissolution program four months after the concluding opinion of U.S. District Court Judge Jackson. The two separate companies brought into being would be prohibited from unifying or organizing any joint ventures with each other. Separate boards of managers for the two companies would be established and kept apart. The authorities requested that the footings of the dissolution program would last 10 old ages. Other commanding, yet impermanent limitations would besides be imposed on Microsoft until the entreaties procedure was completed.

In add-on to interrupting Microsoft in two, the Justice Department would demand the undermentioned limitations: 1 ) Temporary unvarying criterions would hold to be adopted for licencing the Windows runing system to other shapers of personal computing machines. 2 ) Personal computing machine shapers would be allowed to modify the visual aspect of the Windows operating system. 3 ) No actions of revenge could be taken by the two companies against those who gave grounds to the federal authorities against Microsoft or submitted testimony. 4 ) A impermanent prohibition would be placed on Microsoft to forestall any menaces or Acts of the Apostless against personal computing machine shapers.

Here is an illustration of what the brand up of a Microsoft Applications Company might look like: Microsoft Office, BackOffice, Internet Explorer, Mobile Explorer, Outlook Express, Frontpage Express, Net Meeting, and other browsers, e-mail clients and related tools. Slate on-line magazine, Expedia travel web, the Microsoft web, MSNBC. Streaming sound and picture client and service package, media participant, voice acknowledgment package, Java practical machine package. Developer tools, consumer hardware, dealing waiter package, XML waiters and parsers, Microsoft Management Server SNA waiter package, indexing waiter package, Internet Information Server. This would besides widen to investings owned by Microsoft in connexion with spouses, joint venturers, original equipment shapers, independent hardware sellers, independent package sellers, distributers, developers, and boosters of Microsoft merchandises or in other information engineering concerns.

And, the other new company & # 8211 ; here is what the brand up of a Microsoft Operating Systems Company might look like: Windows 95, Windows 98, Windows 2000 Professional, and their replacements, including Windows runing systems for personal computing machines code-named & # 8220 ; Millennium, & # 8221 ; & # 8220 ; Whistler, & # 8221 ; & # 8220 ; Blackcomb, & # 8221 ; and their replacements. Development, licensing, publicity and support for calculating devices, including personal computing machines, other computing machines based on the Intel x-86 or competitory microprocessors such as waiters, hand-held devices and telecasting set-top boxes.

This would of class besides include the forces, installations and other assets associated with those concerns. It would be able to keep a licence to go on distribution of the bing Internet Explorer codification, but it will hold to develop its ain browser in the hereafter under new schemes.

V. Microsoft & # 8217 ; s Response

Obviously, Microsoft was less than happy with the proposal put away by the authorities and did non mean to endorse down. They saw the DOJ & # 8217 ; s proposal as excessively rough and overly extreme under the fortunes. Microsoft spokesman, Jim Cullinan likened the proposal of giving up their rational belongings to rivals like Sun and Oracle, to & # 8220 ; ? coercing Coke to portion its secret expression with Pepsi and every other major soft drink seller in the country. & # 8221 ; And CEO Steve Ballmer called the authorities & # 8217 ; s program to divide the company like & # 8220 ; ? dividing up a stone set because of its popularity. & # 8221 ;

At the Judge & # 8217 ; s request, Microsoft tendered their ain proposal to the tribunals on May 10, inquiring that the Judge penalize them in the country of their concern behavior, but non interrupt the company in two. Critics viewed Microsoft & # 8217 ; s counter proposal of their ain judgement as non much more than a smack on the carpus and do non anticipate that the tribunals will accept it. Ironically, if Microsoft had intended to really make some of the & # 8220 ; nice drama & # 8221 ; techniques that they are now suggesting, possibly they wouldn & # 8217 ; t be on test. So far, the authorities & # 8217 ; s sentiment is that Microsoft has simply come up with a crystalline decorative redress that will non hold much impact on the competitory issues. & # 8220 ; What redress does Microsoft suggest to undo the harm to competition caused by its past illegal behavior? & # 8221 ; the authorities wrote, & # 8220 ; Nothing. & # 8221 ;

Alternatively, Microsoft & # 8217 ; s counter proposal was viewed by many as being really soft. Listed here below are the cardinal pieces:

1 ) They [ Microsoft ] will guarantee that Microsoft will non call off or decline to allow a Windows licence understanding to a Personal computer shaper because the Personal computer shaper ships or promotes other non-Microsoft package.

2 ) They will let Personal computer shapers to include as many icons for non-Microsoft package as they choose on the Windows desktop.

3 ) They will let computing machine users to take which Web browser they want to utilize during Windows & # 8217 ; initial boot sequence.

4 ) They will let Personal computer shapers to take the Internet Explorer web browser icon from the Windows desktop and get down bill of fare.

5 ) They will forbear from advancing another company & # 8217 ; s merchandise on the Windows desktop in exchange for that company & # 8217 ; s understanding to restrict its distribution of non-Microsoft package.

6 ) They will guarantee that independent package sellers have seasonably entree to proficient infor

mation called “application programming interfaces” needed to compose Windows applications.

7 ) They will go on to licence a predecessor operating system after the release of a new version of Windows so that computing machine shapers could utilize the old one if they didn & # 8217 ; t like the characteristics in the old one.

8 ) Microsoft has proposed that all of the above limitations remain in topographic point for four old ages alternatively of the 10 as requested by the authorities, saying that nil in the record would warrant such a long term for alleviation.

In their filings made with the U.S. District Court with their ain proposals, Microsoft asserted that Judge Jackson & # 8217 ; s old findings did non justify the utmost step of spliting the company in two. & # 8220 ; In stark contrast to the alleviation sought in its ailment, the authorities seeks to rend apart the company that until late had the largest market capitalisation in the universe & # 8211 ; an utmost redress non even hinted at in the authorities & # 8217 ; s ailment, & # 8221 ; stated one of Microsoft & # 8217 ; s last filings. Microsoft claimed that the DOJ & # 8217 ; s proposed solutions are excessively rough and still maintains that they should be trusted and will do good on their proposed redresss. Unfortunately, had they gone this way in the first topographic point when the original ailments started cropping up, possibly they could be trusted to maintain their word.

VI. The Enemies and Their Ideas

Microsoft & # 8217 ; s finding and doggedness in the pursuit for new markets is anything but good intelligence for rivals. The company is decidedly a force to be reckoned with wherever it attacks because of its one million millions in hard currency stock-pile and the power of its Windows monopoly. Surely their challengers would wish to see the air current let out of their canvass a spot. Some of the rivals that would wish to see the split up of Microsoft are: Sun Microsystems, Oracle, Red Hat Software and Corel ( both trade in Linux ) , Dell Computer, and Apple Computer.

Although the challengers seem to happy with the way that the instance has taken and the recent opinions, they are still disbelieving because Microsoft is merely as powerful today as it was when this instance started. This, harmonizing to Michael Morris, main general advocate for Sun Microsystems, one of Microsoft & # 8217 ; s most hostile antagonists. Morris went on to propose that the tribunals now figure out how to convey about & # 8220 ; important redresss to interrupt Microsoft & # 8217 ; s keep on the browser market. & # 8221 ; Sun has ever felt that Microsoft & # 8217 ; s methods were strong-arming and that they have continuously abused their wealth of power to derive control in the market place.

Another embittered challenger, Jim Barksdale, former main executive of Netscape, indicated that the opinion was really fulfilling to a batch of people that worked so difficult at Netscape over the old ages. He indicated that the justice was eventually holding with what they [ Netscape ] have been stating for about four and a half old ages ; that Microsoft will halt at nil. This seemed to be the general sentiment among the rivals ; that Microsoft pretends to move friendly and play by the regulations, but that they are basically merely out for their ain good and will so halt at nil until they are the most powerful and can travel the market around like their ain personal pawn in a chess game.

VII. Current Status and Discussion

I have included some extracts from the tribunal & # 8217 ; s April 2000 findings in the opinion against Microsoft. The decisions show doubtless, that Microsoft acted with calculated purpose to harm its rivals.

Sing Microsoft & # 8217 ; s behavior as a whole besides reinforces the strong belief that it was predaceous. Microsoft paid huge amounts of money, and renounced many 1000000s more in lost gross every twelvemonth, in order to bring on houses to take actions that would assist heighten Internet Explorer & # 8217 ; s portion of browser use at Navigator & # 8217 ; s disbursal. These spendings can non be explained as subventions to maximise return from Internet Explorer. Microsoft has no purpose of of all time bear downing for licences to utilize or administer its browser. Furthermore, neither the desire to bolster demand for Windows nor the chance of accessory grosss from Internet Explorer can explicate the lengths to which Microsoft has gone. In fact, Microsoft has expended wealth and foresworn chances to recognize more in a mode and to an extent that can merely stand for a rational investing if its intent was to perpetuate the applications barrier to entry. Because Microsoft & # 8217 ; s concern patterns & # 8220 ; would non be considered net income maximising except for the outlook that & # 8230 ; the entry of possible challengers & # 8221 ; into the market for Intel-compatible Personal computer runing systems will be & # 8220 ; blocked or delayed, & # 8221 ; Microsoft & # 8217 ; s run must be termed predatory. Since the Court has already found that Microsoft possesses monopoly power, the marauding nature of the house & # 8217 ; s behavior compels the Court to keep Microsoft apt under? 2 of the Sherman Act.

In this instance, Microsoft early on recognized middleware as the Trojan Equus caballus that, one time holding, in consequence, infiltrated the applications barrier, could enable rival runing systems to come in the market for Intel-compatible Personal computer runing systems unimpeded. Simply put, middleware threatened to pulverize Microsoft & # 8217 ; s coveted monopoly power. Alerted to the menace, Microsoft strove over a period of about four old ages to forestall middleware engineerings from furthering the development of adequate full-featured, cross-platform applications to gnaw the applications barrier. In chase of this end, Microsoft sought to convert developers to concentrate on Windows-specific APIs and disregard interfaces exposed by the two embodiments of middleware that posed the greatest menace, viz. Netscape & # 8217 ; s Navigator Web browser and Sun & # 8217 ; s execution of the Java engineering. Microsoft & # 8217 ; s run succeeded in forestalling & # 8211 ; for several old ages, and possibly for good & # 8211 ; Navigator and Java from carry throughing their possible to open the market for Intel-compatible Personal computer runing systems to competition on the virtues. Because Microsoft achieved this consequence through exclusionary Acts of the Apostless that lacked procompetitive justification, the Court deems Microsoft & # 8217 ; s carry on the care of monopoly power by anticompetitive agencies.

Microsoft has shown the tribunals and so the universe, clip and clip once more that they ( think ) are imperviable to the Torahs that govern other houses. They continue to hold their manus slapped and so it & # 8217 ; s back to the old criterion of whip out the chequebook, pay the mulct, and on to the following concern to be crushed, or the following Torahs to be violated. Microsoft thinks they are so powerful already that they are above the jurisprudence. The authorities is now more than of all time convinced that the lone manner to acquire Microsoft & # 8217 ; s attending and perchance seting an terminal to their improper patterns, is to play unsmooth with them. This means lodging by their proposal and converting the justice to enforce it. In the 70 page brief filed, the DOJ stated that they believe that interrupting up the company is the lone manner to forestall Microsoft from go oning with their anticompetitive behaviour.

It is likely that the all-conclusive concluding opinion will stop up someplace in between the authorities & # 8217 ; s utmost proposal of dividing the company and MS & # 8217 ; s proposed spanking, but followings of the instance and analysts likewise believe that the concluding redress judgement will tilt more toward the authorities & # 8217 ; s side than Microsoft & # 8217 ; s. Of class, Microsoft will certainly appeal once more and once more.

It is non likely that Microsoft will acquire off so easy this clip and it is their merely due since they can non be trusted to maintain their word. Once once more, utilizing their strength and power to strong-arm their manner into other market sections, with their debut of Windows 2000? , Microsoft has included other package that will merely run if the user purchases one version of Windows 2000 for their desktop and yet another for their waiter that runs their web. Microsoft will deny that they are mistreating their place of class, as they have in the past, but Federal and State & # 8220 ; trustbusters & # 8221 ; believe otherwise.

In the thick of all the pandemonium of test and authorities opinions, Microsoft has still pushed frontward with yet another bundle into yet another market they wish to suppress and rule. They have continuously maintained that they are non strong-arming their manner into other markets by agencies of their monopolistic strength, but simply supplying the universe with better tools with which to make their occupations. What is incorrect with this? Depending on how you view their statements, there could be plenty incorrect with this type of actions. Microsoft continues to do falsiloquiums. The definition of a falsiloquium is a false statement, when the intent of the statement is to conceal from the receiving system what is genuinely on one & # 8217 ; s head and the receiving system can safely presume that this is so the intent of the statement. Microsoft will go on to asseverate that they are non mistreating their place of power, yet still be to the full cognizant that everyone knows that they [ Microsoft ] know they are.

The instance is now presently ( somewhat ) delayed and the behavior remedies antecedently put in topographic point by Judge Jackson are stayed until heard by a higher tribunal. The behavior alterations were originally slated to be put in topographic point on September 5, 2000, so Microsoft has so received a spot of respite. For now.

Microsoft would hold preferred that the instance be sent straight to the appellant tribunal, where it has antecedently enjoyed successes, but it is besides non unhappy by the surprising stay of the limitations. It has given them some room to take a breath. Hopefully, they won & # 8217 ; Ts take advantage of it this clip.

VIII. Recommendations

The obvious recommendations in this instance are all the considerations, just drama, and non-aggressive selling of their merchandises that Microsoft chose non to use over the past five old ages. I have said this repeatedly throughout the paper ; if Microsoft had intended to really make some of the & # 8220 ; nice drama & # 8221 ; techniques that they have now volunteered to make, possibly they wouldn & # 8217 ; t be in this muss. All other corporations should take attentiveness ; if so the tribunals are doing a statement by taking on Microsoft, so it is for a ground. If others want to avoid this type of determined chase from the authorities and their angry rivals, they should obey and pay close attending to the regulations of the Sherman Act.

The Sherman Act was put in topographic point in 1890 to forestall people and concerns from going monopolistic and practising unjust trade and methods of competition. The Sherman Act is besides the lone antimonopoly act that grants condemnable punishments. This means that corporations could be fined up to $ 10 million per misdemeanor and persons can be fined up to $ 350,000 per misdemeanor plus up to three old ages in prison. The ground that the punishments are so rough is because the necessary component for condemnable liability under the Sherman Antitrust Act is captive. Microsoft did hold purpose to pattern unjust competition. Microsoft did hold purpose in all of its improper behavior and in its concern contract relationships.

The biggest inquiry is non whether or non Microsoft can prolong the split up of the company, but whether the universe will so stop up with two mini-monopolies. The proposed division will still let both companies ( possibly more ) to travel frontward with their aims, still do net income, and go on to spread out in their markets. The dissolution, nevertheless, would still go forth consumers with an operating-systems monopoly and an applications monopoly that could really good take to dual marginalisation, intending that we might hold a significant package mark-up on both sides.

This will be the challenge that the tribunals have in implementing the antimonopoly jurisprudence and utilizing this instance to command Microsoft. If they can still force frontward with the proposed split of the company with all the behavior redresss in topographic point, Microsoft will be forced to follow and modify their methods of making concern. They will non be able to unify or organize any joint ventures with each other. Independent boards of managers for the two companies will hold to be conceived and kept separate. The original authorities petition was that the footings of the dissolution program be for a term of non less than ten old ages ; if they can implement it, possibly Microsoft will larn to alter its ways.

With the split, the two or more emerging companies will necessitate to follow the lineations of their limitations really carefully, so as non to go against the tribunal opinion, but besides to be able to travel frontward as separate companies and be able to run into their aims. They will be watched, non merely by the tribunal system, but by the full universe to see if they can draw through this drastic step that needs to be taken in commanding the unjust competition. Each company will necessitate to avoid all efforts and confederacies to monopolise, keep trade, or pattern any type of predatory or exclusionary Acts of the Apostless in their traffics with rivals and distributers.

The bottom line is that companies such as Microsoft nurture authorities engagement and ordinance enforcement in concerns by their continued aggressive behaviour and therefore do it worse for other corporations. Microsoft needs more than merely their carpus slapped this clip, they need to be put on an highly tight tether and if that means dividing them up and coercing the two to vie against each other, so allow the games begin.

Mentions

Aggressiveness: It & # 8217 ; s portion of their Deoxyribonucleic acid. ( 2000, May 15 ) . Business Week, 44.

Antitrust Lawsuit Interactive Site ( Various Articles ) ( 2000, May ) . ABCNEWS.com,

Available: hypertext transfer protocol: //abcnews.go.com.

Interrupting up is difficult to make. ( 2000, April 25 ) . The Associated Press, ABCNEWS.com,

Available: hypertext transfer protocol: //abcnews.go.com.

Civil Action No. 98-1232 ( TPJ ) , Conclusions of Law in instance UNITED STATES OF AMERICA, et al. , Plaintiffs, v. MICROSOFT CORPORATION, Defendant. ( pdf file legal papers ) ABCNEWS.com, Available: hypertext transfer protocol: //abcnews.go.com.

Contemporary Business Law ( 3rd Ed. ) . ( 2000 ) . ( pp. 812-841 ) . Upper Saddle River, New Jersey: Prentice-Hall, Inc.

Donaldson, T. , & A ; Werhane, P. H. , ( Eds. ) . ( 1999 ) . Ethical Issues in Business: A Philosophic Approach ( Sixth ed. ) . ( pp. 27-62 ) Upper Saddle River, New Jersey: Prentice Hall.

Dube, J. ( 2000, April 29 ) . A drawn-out conflict: splitting Microsoft up could take old ages. ABCNEWS.com, Available: hypertext transfer protocol: //abcnews.go.com.

Dube, J. ( 2000, May 18 ) . Government & # 8217 ; s bend: justness section rips apart Microsoft proposal. ABCNEWS.com, Available: hypertext transfer protocol: //abcnews.go.com.

Dube, J. ( 2000, May 10 ) . Microsoft responds: company files proposal to change behavior, avoid dissolution. ABCNEWS.com, Available: hypertext transfer protocol: //www.abcnews.go.com.

France, M. , Garland, S. , Hamm, S. & A ; Green, H. ( 1999, Jan. 25 ) . Microsoft on test: the position at halftime. BusinessWeek Online, Available: hypertext transfer protocol: //www.businessweek.com.

Hamm, S. , Cortese, A. , & A ; Burrows, P. ( 1998, Oct. 15 ) . Microsoft: no lull & # 8211 ; and no apologies. BusinessWeek Online, Available: hypertext transfer protocol: //www.businessweek.com.

Lawsky, D. ( 1999, Feb. 15 ) . MS dissolution in future? ABCNEWS.com,

Available: hypertext transfer protocol: //www.abcnews.go.com.

Martinez, M.J. , ( 1998, May 18 ) . Government sues Microsoft. ABCNEWS.com,

Available: hypertext transfer protocol: //www.abcnews.go.com.

Meyerson, B. ( 2000, April 04 ) . Rivals: MS still a large rival. ABCNEWS.com,

Available: hypertext transfer protocol: //www.abcnews.go.com.

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