Microsoft Antitrust trial: Argument for both sides

The Governments Position

In May of 1998 the United States Department of Justice (USDOJ) was joined by 20 States and the District of Columbia in a cause naming Microsoft as the defendant. There were four allegations levied against Microsoft, all of which were violations of the Sherman just Act.

Violations of Section 2 of the Sherman fair Act.

1.         Illegally monopolizing the Personal calculating machine Operating Systems Market.

2.         Making contractual agreements with manufacturers of related goods and services to non compete with Microsoft in an effort to maintain and enhance its monopoly.

3.         Attempting to illicitly monopolize the Internet Browser Market

Violations of Section 1 of the Sherman Antitrust Act.

4.         Illegally bundling Microsoft Internet Browser and Internet adventurer with Microsoft Windows Operating System in a manner that limits competition.

Section 2 of the Sherman Antitrust Act states:

all(prenominal) person who shall monopolize, or flack to monopolize, or combine or conspire with any former(a) person or persons, to monopolize any part of the backing or commerce among the several States, or with outside nations, shall be deemed guilty of a felony.

The USDOJ et alia sustain that Microsoft:

1.         Engaged in offensive and anti-competitive actions with the specific intent to monopolize.

2.         Had a dangerously high probability of achieving monopoly power

3.         Acted to acquire, preserve and enhance its monopoly.

Section 1 of the Sherman Antitrust Act states:

Every contract, combination in the form of trust or otherwise, or conspiracy, in

restraint of trade or commerce among the several States, or with foreign nations,

is declared to be illegal.

It is also the position of the USDOJ et alia that Microsoft:

1.         created a incident in which consumers were being harmed or could be harmed by

a.         Direct dope off from high prices

b.         Limited choice of variety

c.         Retardation of...

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