uld be placed on Microsoft. Ultimately, though, it is up to the judge to decide what penalties to levy upon Microsoft should he rule in the government's favor (2).Practically speaking, if Microsoft loses, industry analysts expect the company to place Netscape's software in Windows 98 because removing Microsoft's Internet Explorer software would be extremely difficult. It is impossible, however, to determine the consumer impact of other "remedies" the government may suggest (1).If Microsoft wins: For one, Microsoft's Windows 98 software would not be affected. But even if Microsoft wins, it still may not spell the end of the company's legal fight with the government. The Justice Department continues to investigate some of the company's other business practices and products, including Windows NT, its operating system for corporate networks (1).Judge Jackson already has issued factual findings, arguing that Microsoft has a monopoly that has harmed consumers, stifled innovation and stymied competition. He has not yet ruled on whether the company broke antitrust law. Although Jackson clearly called Microsoft a monopoly, his findings carry no force of law. Indeed, it’s not against the law to hold a monopoly, nor is it illegal for a monopoly to aggressively compete in the marketplace. What the government’s filing does is seek to apply the law to Jackson’s findings, in essence, to slay the “Beast from Redmond,” as the company was called during the trial phase, by trying to convince the judge that the company has, according the facts he found during trial, violated antitrust laws (3).The Sherman Anti-Trust Act, under which Microsoft is being sued, does not outlaw having a monopoly but rather using anticompetitive means to obtain or preserve a monopoly. So complaints against Microsoft allege that the company uses illegal measures to extend and protect its market power. Lack of effective competition might make such mea...
