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
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.
- U.S.A. Attorney: Joel I. Klein, Assistant
Attorney General, Antitrust Division,
U.S. Department of Justice, 10th St. and Pennsylvania Ave. NW, Washington DC, 20530.
Lead trial lawyer is David Boies.
- State of New York, 19 other states, and the District of Columbia. Lead trial
lawyer for the state plaintiffs is Steven Houck.
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.)
- 5/18/98, DOJ and states file original Complaints. (DOJ's Complaint | Story |
Reno Statement | Joel Klein Statement.)
- 5/18/98, DOJ and states file Motions for Preliminary Injunction.
- 5/21/98, Microsoft files Motion to Consolidate two cases
brought by DOJ and states.
- 5/21/98, Microsoft files Motion for Enlargement of Time.
- 5/22/98, Judge Jackson issues Order setting September 8 trial date, and consolidating
the two cases. (Order | Story.)
- 6/9/98, Judge Jackson meets in chambers with DOJ attorney Boies and Microsoft attorney
Warden, and sets procedure for expedited trial, including limiting each side to 12
- 6/12/98, Court enters Pretrial Order No. 1.
- 6/23/98, Court of Appeals overturns Judge Jackson's preliminary injunction in DOJ v.
Microsoft I. (Appeals Court Opinion
- 7/28/98, Microsoft files Answer
to DOJ Complaint. (Link to HTML copy in Microsoft's website.)
- 7/28/98, Microsoft files Answer and
Counterclaim to states' Complaint. (Link to HTML copy of in Microsoft's
- 7/31/98, DOJ and states file motion to compel discovery from Microsoft regarding Gates
deposition, source code, and other matters. (Link to HTML copy of Memorandum in Support of Motion to
Compel Microsoft in DOJ website.)
- 8/4/98, Microsoft files Opposition to DOJ's and states' Motion to Compel Discovery, and
Motion for Protective Order. (Link to HTML copy of Memorandum of Law in
Opposition to Motion to Compel and in Support of Motion for Protective Order in
- 8/5/98, hearing on discovery motions. Judge Jackson refuses to limit Gates'
deposition, and orders Microsoft to produce Windows source code. (Order | Story.)
- 8/10/98, Microsoft files Motion for Summary Judgment. (Memorandum in Support of
Motion for Summary Judgement (link to 241 KB HTML copy in Microsoft's website) | Material Facts as to Which
Microsoft Corporation Contends There is no Genuine Issue (link to HTML copy in
Microsoft's website) | Story.)
- 8/10/98, Microsoft files Opposition to Motion for Preliminary Injunction.
- 8/11/98, Judge Jackson orders that depositions be open to the public. (Order | Story.)
- 8/12/98, Microsoft files with District Court a Motion for Stay
of order opening depositions to the public. Judge Jackson holds hearing and denies
the Motion for Stay.
- 8/12/98, Microsoft files with Court of Appeals a Notice of Appeal and a Motion for Stay
Pending Appeal. (HTML copy of Motion for Stay.)
- 8/14/98, DOJ files with Court of Appeals its Opposition to
Microsoft's Motion for Stay Pending Appeal.
- 8/14/98, Intervening Media file with Court of Appeals their Opposition
to Microsoft's Motion for Stay Pending Appeal.
- 8/31/98, DOJ files Opposition to Microsoft Motion for
Summary Judgment. (Story.)
- 9/1/98, Microsoft files Appeal Brief (on
opening depositions to the press) with Court of Appeals. (Link to 112 KB HTML file
in Microsoft website.)
- 9/2/98, DOJ files Motion to Compel Discovery re Intel and Apple. (Motion | Memorandum in Support | Story.)
- 9/2/98, Microsoft files Motion to Limit Issues for Trial, or to delay trial date.
(Memorandum | Story.)
- 9/3/98, DOJ files Opposition to Microsoft's Motion to Limit
Issues for Trial.
- 9/3/98, Court holds hearing, orders Microsoft to produce documents, and holds in
abeyance Microsoft's motion to limit trial issues. (Order
- 9/4/98, DOJ files its Witness List and Microsoft files its Witness List. (Story.)
- 9/8/98, Microsoft files MSJ Reply Brief. (Story.)
- 9/11/98, District Court hears oral argument on Microsoft's Motion for Summary Judgment.
- 9/14/98, Microsoft files Supplemental Memorandum in Support of
- 9/14/98, Court issues Order and Amended Scheduling Order.
- 9/14/98, Court issues Memorandum and Order
denying most of Microsoft's Motion for Summary Judgment. (Story.)
- 9/16/98, Microsoft files Statement of Extraneous Issues.
- 9/17/98, Court holds status conference and denies without prejudice Microsoft's motion
to limit trial issues. (Story.)
- 9/22/98, DOJ files Appeal Brief with Court of Appeals (re
press access to depositions). (Story.)
- 9/29/98, Order granting in part Microsoft's motion to compel
discovery from Oracle. (Story.)
- 10/6/98, Microsoft files its Pretrial Statement.
- 10/6/98, DOJ files its Pretrial Statment (including statement
that it will seek to expand its claims for relief, and seek post trial proceedings).
- 10/8/98, Microsoft files its Witness List.
- 10/8/98, DOJ files its Witness List.
- 10/8/98, Microsoft files Objections to DOJ's new claims for
- 10/8/98, DOJ files Reply to Microsoft's Opposition to
DOJ's Motion to Compel access to Microsoft's financial databases.
- 10/8/98, Court holds pretrial conference.
- 10/9/98, Microsoft files Motion to Amend Witness List.
- 10/9/98, Microsoft files Motion to Conduct Late Discovery.
- 10/9/98, Microsoft files Motion for Continuance of Trial.
- 10/9/98, Court issues three orders: Final Pretrial Order
(regarding trial procedure), Order (granting DOJ access to
Microsoft's financial databases), and Order (denying media's
motion to intervene).
- 10/19/98, start of trial.
- 12/7/98, South Carolina withdraws from suit. (Statement |
Other Sources of Pleadings, Orders, and other Documents.
- Microsoft website.
- Department of Justice.
- U.S. District Court for the District of Columbia.
Microsoft Legal Team
John Warden (lead trial lawyer for Microsoft)
Richard J. Urowsky
Steven L. Holley
Richard C. Pepperman, II
SULLIVAN & CROMWELL
125 Broad Street
New York, New York 10004
James R. Weiss
PRESTON GATES ELLIS & ROUVELAS MEEDS
1735 New York Avenue, NW
Washington, D.C. 20006
William H. Neukom
Thomas W. Burt
David A. Heiner, Jr.
Steven J. Aeschbacher
One Microsoft Way
Redmond, Washington 98052
Charles Rule (Legal Advisor)
Covington & Burling
1201 Pennsylvania Avenue, NW
Washington DC, 20044, 202-662-5119
Government Legal Team
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
Special Counsel for Information Technology
A. Douglas Melamed
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.
Mark S. Popofsky
U.S. Department of Justice
450 Golden Gate Avenue, Room 10-0101
San Francisco, California 94102
Fax (415) 436-6687
Stephen D. Houck
(Lead Trial Attorney for State Plaintiffs)
Chief, Antitrust Bureau
New York State Attorney Generals Office
120 Broadway, Suite 2601
New York, New York 10271
Chief, Antitrust Bureau
Illinois Attorney Generals Office
100 West Randolph Street, 13th Floor
Chicago, Illinois 60601
Fax (312) 814-5079
(Counsel to Netscape)