Word: antitrusters
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...spent the past year amassing what the DOJ clearly considers persuasive evidence that the software giant's behavior--from restrictive licensing arrangements with its so-called PC allies to me-only marketing deals with Internet service providers and websites--violates the venerable Sherman Act, the bedrock of U.S. antitrust law. Sherman, in essence, says it's O.K. to achieve a monopoly, but not to use one to wedge your way into other lines of business. Klein calls actions like the nasty one Microsoft is accused of taking against Compaq--threatening its largest PC partner with the revocation of its Windows...
...breakdown Saturday afternoon, it looked for a couple of days last week as if Bill Gates just might have found a way to slip out of this one relatively unscathed. Early Thursday morning, with only hours left before the press conference at which Attorney General Janet Reno and her antitrust chief Joel Klein were to announce one of the largest and most important antitrust cases in American history, Gates demonstrated the cold-blooded brinkmanship for which he is famous: with no time left on the clock, he suddenly made nice. O.K., he told Klein: Let's talk...
...with the future of the computer industry hanging in the balance, the launches of both Windows 98--and parallel antitrust suits by the Federal Government and some 20 states--were delayed until at least Monday to give the lawyers time to either find their way to common legal ground or determine that no such territory exists. By Saturday afternoon, though, it was clear that--probably by early Monday--Reno's press conference would almost surely be taking place after...
...antitrust chief also had plenty of incentive to cut a deal. With merger mania rampant in industries from banking to telecommunications, Klein had ample opportunity to prove his trust-busting mettle without taking on Microsoft in a long and costly battle that many legal scholars suspect he will have a tough time winning. Faced with the uneasy prospect of trying to prove consumer harm by a company that has helped make PCs better and cheaper, Klein must have held out at least faint hopes that Gates would renounce enough of his most egregious practices to let them both declare victory...
...Windows 98 will ship on June 15, and the marketing blitz will be launched ten days later. But a mere three months of sales down the road, Redmond gets hauled before the judge -- potentially, to get its browser ripped out for good. "This is a very fast track," says antitrust law expert William Kovacic. "For a monopoly case, the time to trial is routinely a minimum of two to three years." William Neukom and the rest of Redmond's legal team had better put the coffee...