The
US
Department of Justice (DoJ) claimed today that competition and consumers
have benefited from its antitrust enforcement efforts against
Microsoft.
The settlement reached after its long-running investigation has protected the
development and distribution of middleware, including web browsers, media
players and instant messaging software, the DoJ said.
In a joint filing in the US District Court for the District of Columbia, the
DoJ and the states of New York, Louisiana, Maryland, Ohio and Wisconsin
submitted a review of the final judgments entered in 2002 to resolve the
antitrust case against Microsoft.
"Since the entry of the Final Judgments, there have been a number of
developments in the competitive landscape relating to middleware and to PC
operating systems generally," the DoJ stated its filing today.
"This suggests that the Final Judgments are accomplishing their stated goal
of fostering competitive conditions among middleware products, unimpeded by
anticompetitive exclusionary obstacles erected by Microsoft."
The core allegation in the original lawsuit, upheld by the US Court of
Appeals in June 2001, was that Microsoft had unlawfully maintained its monopoly
in PC-based operating systems by excluding competing software products that
posed a nascent threat to the Windows operating system.
Specifically, the Court of Appeals upheld the District Court's conclusion
that Microsoft engaged in unlawful exclusionary conduct by using contractual
provisions to prohibit computer manufacturers from supporting competing
middleware products on Microsoft's operating system,
Microsoft also prohibited consumers and computer manufacturers from removing
access to its middleware products in the operating system, and reaching
agreements with software developers and third parties to exclude or impede
competing middleware products.
"The Final Judgments have been successful in protecting the development and
distribution of middleware products and in preventing Microsoft from continuing
the type of exclusionary behaviour that led to the original lawsuit," said
Thomas O. Barnett, Assistant Attorney General in charge of the DoJ's Antitrust
Division.
"The Antitrust Division has made enforcement of the Final Judgments an
important priority and will continue to vigorously enforce the antitrust laws in
computer software markets."
The Final Judgments are scheduled to expire in November 2007. The DoJ
concluded that it was necessary to extend certain provisions relating to
protocol licensing until November 2009.
Microsoft agreed to that extension, which was approved by the District Court
in 2006.
Microsoft has also agreed that the DoJ and state antitrust enforcement
agencies may, at their discretion, apply to the court in late 2009 for an
additional extension to all or part of the extended provisions of the Final
Judgments for a period of up to three years to November 2012.
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