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Legal and Ethical Issues of the Microsoft Antitrust Case

Bill Gates and Paul Allen formed Microsoft in 1978. Originally created to sell software for the Apple II computer, the firm established its current direction when it agreed to provide an operating system for IBM and its new personal computer. Development of the MS-DOS operating system and the ultimate success of the personal computer upon which it resided, provided a phenomenal level of business success and profits for Microsoft. The firm adopted a very shrewd method for business growth, analyzing competitor’s strengths and weaknesses, in an effort to develop competitive advantages that would fuel corporate profits. Such business practices brought them under investigation by the US Government in 1991, through an investigation by the Federal Trade Commission. The FTC began this investigation upon suspicion that Microsoft had monopolized the market on PC operating systems. Although the investigation continued until 1993, a formal complaint was not filed against Microsoft for such violations of antitrust law.

At the point of closure of the FTC investigation, the US Justice Department began its own investigation into the practices of Microsoft. This investigation came to a co


An additional, perhaps even larger, threat to Microsoft came from Sun Microsystems and its development of its Java language. Java, also platform independent, could operate on any computer containing the Java software. Functioning almost as an operating system in itself, Java was seen by Microsoft as another product that could lead Windows to obsolescence. The collusion of Netscape and Sun to incorporate Java into Navigator made the threat to Microsoft even greater and prompted a memo from Bill Gates stating that Java was the major threat that existed to Windows. Microsoft commenced a similar strategy to combat Java, as they did with Netscape Navigator. After obtaining rights from Sun to license and distribute Java with the Windows operating system, Microsoft developed a similar version of Java with changes that prevented previous programs from running under Microsoft’s version. The previous strategy of making Internet Explorer into the dominant browser software worked concurrently in this instance, as the Microsoft version of Java, distributed with Windows, became the software version most developers used as the guideline by which to develop new programs.

A series of actions brought against Microsoft by the Department of Justice (DOJ) followed this decree, as the DOJ accused Microsoft of violating the terms of the decree by requiring Internet Explorer (IE) to be installed on all computers loaded with Windows 95. In 1997, a US District Judge issued a preliminary injunction that forced Microsoft to stop requiring PC makers to install Internet Explorer on computers, but Microsoft reached a partial settlement with the DOJ when it agreed to hide or remove IE in new versions of Windows 95.

Given the opportunity to appeal the judge’s decision to break up Microsoft into two separate companies before actually implementing such action, Microsoft presented a defense of legal precedence and resistance against competition from Netscape and Sun.

Section 1. Trusts, etc., in restraint of trade illegal; penalty

Some topics in this essay:
Sherman Act, Internet Explorer, DOJ Microsoft, Bill Gates, Department Justice, Netscape Sun, Finally Microsoft, Thirdly Microsoft, SURROUNDING STUDY, Development MS-DOS, operating system, internet explorer, windows operating system, windows operating, sherman act, browser software, netscape sun, market share, barrier entry, market operating, personal computer, significant barrier entry, operating system market, imprisonment exceeding punishments, exceeding punishments discretion,

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Approximate Word count = 3759
Approximate Pages = 15 (250 words per page double spaced)


  

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