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The Governments Position In May of 1998 the United States Department of Justice USDOJ was joined by 20 States and the District of Columbia in a lawsuit naming Microsoft as the defendant There were four allegations levied against Microsoft all of which were violations of the Sherman Antitrust Act Violations of Section 2 of the Sherman Antitrust Act 1Illegally monopolizing the Personal Computer Operating Systems Market 2Making contractual agreements with manufacturers of related goods and services to not compete with Microsoft in an effort to maintain and enhance its monopoly 3Attempting to illegally monopolize the Internet Browser Market Violations of Section 1 of the Sherman Antitrust Act 4Illegally bundling Microsoft Internet Browser and Internet Explorer with Microsoft Windows Operating System in a manner that limits competition Section 2 of the Sherman Antitrust Act states Every person who shall monopolize or attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of the trade or commerce among the several States or with foreign nations shall be deemed guilty of a felony The USDOJ et alia sustain that Microsoft 1Engaged in predatory and anti-competitive actions with the specific intent to monopolize 2Had a dangerously high probability of achieving monopoly power 3Acted to acquire preserve and enhance its monopoly Section 1 of the Sherman Antitrust Act states Every contract combination in the form of trust or otherwise or conspiracy in restraint of trade or commerce among the several States or with foreign nations is declared to be illegal It is also the position of the USDOJ et alia that Microsoft 1created a situation in which consumers were being harmed or could be harmed by aDirect lose from high prices bLimited choice of variety cRetardation of the innovation process In monopolizing the Operating System Market Microsoft took advantage of its relationship with Independent Software Vendors to get MS Windows positioned as the Operating
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