Statement of Sen. Orrin Hatch (R-UT).
Re: Judge Thomas Jackson's Conclusions of Law and Order in DOJ v. Microsoft, Case No. 98-1232.
Date: April 3, 2000.
Source: Senate Judiciary Committee.

Statement of Senator Orrin G. Hatch
on Judge Jackson’s “Conclusions of Law” in
United States v. Microsoft

The judge’s conclusions today come as no surprise to anyone familiar with some of Microsoft’s practices in the software industry.

Many of the practices Judge Jackson held to violate the antitrust laws were highlighted in the hearings the Judiciary Committee held during the past two years. If left unchecked, some of Microsoft’s practices would choke further innovation and consumer choice. The court’s conclusions today are a further validation of the Judiciary Committee’s concerns in examining Microsoft’s practices.

I respect Bill Gates and the company he has built, and think Microsoft is a great company with brilliant, hard-working people. I was surprised that Microsoft did not heed the advice of so many to seize the opportunity to admit to its wrongdoings, recognize that the law does apply to Microsoft, and put its past behind them.

As the legal process advances, it will become more difficult for Microsoft to be able to convince the Judge that vacating today’s public ruling as part of an overall settlement is in the public interest. Without such vacatur, and given the impact of today’s ruling on collateral suits against Microsoft, the prospects of a meaningful settlement now appear very remote.

Given the profound impact of any ultimate remedy on the industry, markets and consumers, the Judiciary Committee plans to begin publicly examining the policy implications of various remedy options. This is important to insure the any action ultimately will be in the interest of consumers and the marketplace. To this end, the Committee in the coming days will launch a new site on the Senate Judiciary Committee website – http://judiciary.senate.gov/ – to serve as a public resource on this important trial, and to solicit views from the public and experts on ultimate remedy options.