DOJ v. Microsoft II
U.S.A. v. Microsoft, Case No. 98-CV-1232, and
New York v. Microsoft, Case No. 98-CV-1233,

United States of America v. Microsoft Corp., U.S. District Court for the District of Columbia, Case No. 98-CV-1232, and State of New York, et. al., v. Microsoft Corp., Case No. 98-CV-1233. 

Nature of the Case.  Another in a series of ongoing proceedings in which the Department of Justice seeks to regulate Microsoft's production and sales of software products.  The first suit (see, DOJ v. Microsoft I) was filed 1994, and settled in 1995.  The Justice Department restarted that matter in October of 1997 with a contempt motion.  This action, filed on May 18, 1998, alleges that Microsoft is in violation of Sections 1 and 2 of the Sherman Antitrust Act, and seeks to enjoin Microsoft from selling certain products and engaging in certain sales practices.

The DOJ's Complaint Contains Four Claims for Relief:

Count 1.  "Unlawful Exclusive Dealing and Other Exclusionary Agreements in Violation of Section 1 of the Sherman Act. ... Microsoft's agreements with ISPs, ICPs, and ...   OEMs ... unreasonably restrict competition ... thereby restraining competition in the Internet browser market ..."
Count 2.  "Unlawful Tying in Violation of Section I of the Sherman Act. ... Microsoft has tied ... its Internet browser to its separate Windows operating system ..."
Count 3.   "Monopolization of the PC Operating Systems Market in Violation of Section 2 of the Sherman Act.  ... Microsoft possesses monopoly power in the market for PC operating systems. ... Microsoft has willfully maintained, and unless restrained by the Court will continue to willfully maintain, that power by anticompetitive and unreasonably exclusionary conduct. Microsoft has acted with an intent illegally to maintain its monopoly power in the PC operating system market, and its illegal conduct has enabled it to do so ..."
Count 4.  "Attempted Monopolization of the Internet Browser Market in Violation of Section 2 of the Sherman Act."

The government has asserted additional allegations is various pleadings filed in August, September, and October.  However, it has not filed an amended Complaint.

Status.  The case is currently being tried.


DefendantMicrosoft Corporation, One Microsoft Way, Redmond, WA, 98052-6399, 206-882-8080.  Attorney, John L. Warden, Sullivan & Cromwell, 125 Broad Street, New York, NY, 10004.

Chronology with Links to Pleading and other Materials.

(All links are to HTML documents in Tech Law Journal, except where otherwise noted.)

Trial Testimony.

Other Sources of Pleadings, Orders, and other Documents. 



Microsoft Legal Team

John Warden (lead trial lawyer for Microsoft)
Richard J. Urowsky
Steven L. Holley
Richard C. Pepperman, II
125 Broad Street
New York, New York 10004
(212) 558-4000

James R. Weiss
1735 New York Avenue, NW
Washington, D.C. 20006
(202) 628-1700

William H. Neukom
Thomas W. Burt
David A. Heiner, Jr.
Steven J. Aeschbacher
Diane D’Arcangelo
One Microsoft Way
Redmond, Washington 98052
(425) 936-8080

Charles Rule (Legal Advisor)
Covington & Burling
1201 Pennsylvania Avenue, NW
Washington DC, 20044, 202-662-5119

Government Legal Team

David Boies
  Special Trial Counsel
  (lead trial lawyer for the government)

Joel I. Klein
  Assistant Attorney General
A. Douglas Melamed
  Principal Deputy Assistant Attorney General
Rebecca P. Dick
  Director of Civil Non-Merger Enforcement
Jeffrey Blattner
  Special Counsel for Information Technology
A. Douglas Melamed
Antitrust Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Fax: (202) 616-7320

Phillip R. Malone
Steven C. Holtzman
Pauline T. Wan
Karma M. Giulianelli
Michael C. Wilson
Sandy L. Roth
John F. Cove, Jr.
Jeane Hamilton
Mark S. Popofsky
Antitrust Division
U.S. Department of Justice
450 Golden Gate Avenue, Room 10-0101
San Francisco, California 94102
(415) 436-6660
Fax (415) 436-6687

Stephen D. Houck
(Lead Trial Attorney for State Plaintiffs)
Chief, Antitrust Bureau
New York State Attorney General’s Office
120 Broadway, Suite 2601
New York, New York 10271

Christine Rosso
Chief, Antitrust Bureau
Illinois Attorney General’s Office
100 West Randolph Street, 13th Floor
Chicago, Illinois 60601
Fax (312) 814-5079

Robert Bork
(Counsel to Netscape)