Joel I. Klein, Assistant Attorney General of the Department's Antitrust Division, issued the following statement today after Chief Judge Richard A. Posner released a statement regarding the end of his efforts to mediate the Microsoft antitrust case:

"We are grateful for Judge Posner's efforts, and thank him for all the time and energy that he devoted to the mediation.

"Despite all of Judge Posner's efforts, and all the hard work of the Antitrust Division's mediation team, the parties were unable to reach a settlement.

"Throughout this case, the Department has insisted that any remedy must address the serious competitive problems presented by Microsoft's abuse of its monopoly position.

"We would have preferred an effective settlement to continued litigation. But settlement for settlement's sake would be pointless. We could agree only to a remedy that effectively solves the competitive problems detailed in the Court's Findings of Fact.

"If Judge Jackson issues favorable Conclusions of Law, we will seek a remedy that prevents Microsoft from using its monopoly in the future to stifle competition, hamper innovation and limit consumer choice."

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