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To: Jack Whitley who wrote (28831)11/8/1999 9:20:00 AM
From: DJBEINO  Read Replies (1) | Respond to of 42771
 
Microsoft Breakup Under Consideration, Justice Department's Klein Says
By Greg Stohr

Washington, Nov. 7 (Bloomberg) -- The U.S. Justice Department
is considering a breakup of Microsoft Corp. as part of a range of
possible remedies in the antitrust case against the world's
largest software company, Assistant Attorney General Joel I. Klein
said.
''That is in the range, but we're looking at a lot of
remedies,'' Klein said on ABC's ''This Week.''

Klein's comments marked his first public confirmation that
the Justice Department and 19 states suing Microsoft might request
a corporate dismantling.

His comments came two days after U.S. District Judge Thomas
Penfield Jackson said Microsoft ''stifled innovation'' by abusing
its monopoly over personal computer operating systems.

Jackson stopped short of saying Microsoft violated U.S.
antitrust laws, although his preliminary factual findings suggest
he likely will make that conclusion early next year. The judge
then will decide what remedies to impose on Microsoft.

Antitrust lawyers have speculated that the Justice Department
also might ask Jackson to force Microsoft to license its Windows
operating system or bar business practices such as exclusive
agreements with computer makers and Internet service providers.

Several Breakup Methods

A breakup of Microsoft could take any of several forms. One
method would be to divide Microsoft into a company that makes an
operating system and another that produces other software
applications. Another, urged by rival Sun Microsystems Inc. and
others, would create at least two new ''clone'' companies that
would have full rights to Microsoft's legal assets.

Microsoft has said it remains confident in its case.
''We are in the third inning of a nine-inning game,''
Microsoft Chief Operating Officer Robert Herbold said on ''Fox
News Sunday.'' ''We are confident that at the end of that process,
the decision will match what's going on in the marketplace today,
namely, a ton of innovation.''

In a full-page advertisement in the Washington Post today,
Chairman Bill Gates made it clear the company is considering an
appeal.
''We respectfully disagree with a number of (Jackson's)
findings and believe that ultimately the American legal system
will affirm that Microsoft's actions and innovations were fair and
legal and have brought tremendous benefits to consumers, our
industry and to the United States economy,'' Gates said.

Klein said the 1984 breakup of telephone giant AT&T Corp. --a
product of a Justice Department antitrust suit -- was a ''true
success story,'' although he quickly added that Microsoft ''is a
different case'' from AT&T.
''We're doing an analysis to make sure that we have a remedy
that will promote competition, assure innovation and promote
consumer choice,'' he said on ''This Week.''