Letter from Sen. Charles Schumer (D-NY) to Assistant Attorney General Charles James.
Re: Microsoft Windows XP.
Date: July 24, 2001.
Source: Office of Sen. Schumer.

July 24, 2001

The Honorable Charles James
Assistant Attorney General
Antitrust Division
Department of Justice
Tenth Street and Constitution Avenue, NW
Washington, DC 20530

Dear Assistant Attorney General James:

I am writing today to urge you to expand your ongoing settlement negotiations with Microsoft to include negotiations over Windows XP, Microsoft's newest product set for release in October of this year. I am deeply concerned about the release of XP and have expressed those concerns at length in a letter to Microsoft's CEO. That letter is attached.

In building Windows XP, Microsoft appears to have hardwired preferences for Microsoft applications over those produced by competitors. It seems that Microsoft intends to maximize its monopolistic power, using XP to enter new lines of businesses -- such as digital photography, media players, and messenger services -- while limiting the choices consumers have. Without open access, the fundamental principles of a free market are violated, innovation is stifled, and consumer welfare is harmed.

I am worried that Microsoft will release Windows XP before appropriate changes are made. My fear is that if we wait too long, Windows XP will be out and smaller companies that do not have the leverage or financing of Microsoft will be forced into years of litigation that, alone, could drive them out of business.

I believe the approaches I have called for here will bring us closer to the day when we can celebrate all the benefits Microsoft brings to American consumers without fear that they come at the cost of competition and consumer choice.

Sincerely,

Charles E. Schumer
United States Senator