DOJ/Antitrust

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

United States of America, Plaintiff v. Microsoft Corporation, Defendant Civil Action No. 98-1232 (TPJ) Redacted Public Version State of New York ex rel. Attorney General Eliot Spitzer, et al., Plaintiffs, v. Microsoft Corporation, Defendant. Civil Action No. 98-1233 (TJP)

PLAINTIFFS' JOINT PROPOSED FINDINGS OF FACT

	Overview Table of Contents
I.	Background
II.	Microsoft Possesses Monopoly Power Over Operating Systems
III.	Alternative Platform-Level Technologies, Especially Internet Browsers and Java,
IV.	Microsoft Attempted To Enter Market-Division Agreements To Eliminate Platform-Level Software Threatened Microsoft's Operating System Monopoly
	A.	Microsoft tried to eliminate the browser threat by proposing a naked market-division agreement to Netscape
	B.	Microsoft's proposal of market-division agreements to eliminate other
V.	Microsoft Engaged In A Predatory Campaign To Crush The Browser Threat To Its
	A.	After Netscape refused Microsoft's offer to divide the browser market,
	B.	Microsoft tied its Internet Explorer browser to Windows 95 and Windows 98 in
	C.	Microsoft imposed a variety of other anticompetitive restraints on the OEM
	D.	Microsoft entered into anticompetitive and exclusionary agreements with OLSs
	E.	Microsoft entered into anticompetitive and exclusionary agreements with OLSs
	F.	Microsoft entered into exclusionary agreements with other firms that
	G.	Microsoft set a predatory price for Internet Explorer
VI.	Microsoft Used Predatory and Anticompetitive Conduct to Impede Other Platform
	A.	Microsoft responded to the threat that Java posed to the applications barrier to
	B.	Microsoft engaged in predatory, anticompetitive conduct to induce Intel to
VII.	Through its predatory and anticompetitive conduct, Microsoft has maintained its
	A.	Microsoft's campaign to blunt the browser threat further entrenched
	B.	Microsoft's anticompetitive conduct created a dangerous probability that
	C.	AOL's acquisition of Netscape will not undo the harm to competition caused by
	D.	Microsoft's entire course of conduct has caused, and will continue to cause,
	E.	Microsoft's course of conduct has caused, and will continue to cause,

Updated May 23, 2025