To: Daniel Schuh who wrote (17735 ) 3/3/1998 2:37:00 PM From: Daniel Schuh Read Replies (1) | Respond to of 24154
Microsoft in Senate's Focus washingtonpost.com In the more immediate future, some legal specialists say the inquiry could send important signals to the Justice Department, which has filed a lawsuit over Microsoft's tactics in the Internet browser market and is actively collecting evidence that could lead to a broader antitrust action under the Sherman Act. By voicing public skepticism of Microsoft, Hatch, whose committee oversees Justice, can urge the department to pursue a vigorous antitrust investigation. At the same time, by holding public hearings, Hatch and other senators can indicate to the department that there is political support for what would be a highly controversial case, the experts said. My old line was that the antitrust division getting its budget zeroed was more likely than effective antitrust action. At the moment, I'd say I was wrong about that one. But who knows, maybe all the closet Objectivists will emerge and convince their representatives of the incorrectness of their thought."We think, left unchecked, Microsoft has a monopoly position that they could use to leverage their way into banking, newspapers, cable and broadcasting, Internet service providers, applications, databases, browsers. You name it," Sun CEO McNealy said yesterday. "When you have a monopolist in the food chain, they absolutely have Pac Man capabilities." Which of course is exactly the line promoted by all the Microphiles here, except in the pesky, troubling, unfair antitrust context.Gates bluntly disputed the "monopolist" characterization in a breakfast with Washington Post editors and reporters yesterday, saying his company is only providing what its customers ask for and isn't raising prices or constricting supply like a traditional monopolist. Ah, so now Microsoft isn't a "traditional" monopoly. It's a new wave monopoly! Or hegemony, or master of the universe, or whatever.Sources familiar with the Justice Department's case say the government no longer sees the consent decree case as a top priority and instead is focusing most of its efforts on assembling a broader antitrust case against the software giant. Offhand, I'd say this is appropriate; my understanding is that MSFT attorney Urowsky more or less agreed, when the consent decree matter first came up. We'll see what happens. One other WP story on the hearings at washingtonpost.com . A tidbit from that for the dictionary crowd: "A monopolist, by definition, is a company that has the ability to restrict entry by new firms and unilaterally control price," he [Gates] said. "Microsoft can do neither." I don't know where that one came from. Maybe next year's Encarta. Cheers, Dan.