Comment of Senator Patrick Leahy, Ranking Member, Senate Judiciary Committee, On Judge Jackson’s Decision In The Microsoft Case

April 03, 2000

“The decision confirms the new vigor in antitrust oversight, and that trend is good for consumers and for the economy. But now it is time for both sides to redouble their efforts to reach a settlement, which would be the best outcome for everyone. This case can linger for many years, and it becomes more a symbolic victory than a tangible victory for consumers the longer it drags on. Time and uncertainty become increasingly corrosive factors the longer Microsoft’s future remains in limbo. “Judge Posner is right that settlement is in the national interest and a preferable way to end this case on terms fair to Microsoft, its competitors and consumers. The failure to reach settlement is unfortunate for all concerned. The case will continue to distract Microsoft from what it does best – lead the American software industry in the global marketplace. Shareholders must now worry what the remedy will be. Competitors must puzzle over whether this ruling changes the legal rules for the next killer app that gives its owner a monopoly over particular platforms or technologies. And consumers are left wondering when they will get the benefits promised at the outset of the suit.”