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United States v. Microsoft

filed 1998; settled 2001· Law or policy· Laws, labor & antitrust

Well documentedSolid records, texts or physical evidence.

The US government and 20 states sued Microsoft in 1998 for using its Windows monopoly to crush rivals, especially Netscape's web browser.

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What happened

Windows ran over 90% of personal computers. Microsoft bundled its Internet Explorer browser free with Windows and pressured PC makers and internet providers to shun Netscape Navigator. Judge Thomas Penfield Jackson ruled in 2000 that it had illegally maintained its monopoly and ordered it split in two. An appeals court upheld the monopoly finding in 2001 but threw out the breakup, partly over the judge's press interviews. A 2001 settlement made Microsoft share technical interfaces and drop exclusive deals.

Impact on society and the economy

The first big antitrust case of the internet age; it made Microsoft more cautious and is the template for today's cases against Google, Apple and Amazon.

How we know

Court opinions (findings of fact 1999, ruling 2000, appeals decision 2001), trial exhibits including internal emails, and Gates's videotaped deposition.

Still debated

Whether the case changed much, or the shift to the web and mobile would have undercut Microsoft anyway, is still argued.

Connections (2)

▸Bill Gates and Microsoft faced antitrust charges in United States v. MicrosoftWell documented

The connection

Gates saw Netscape's browser as a threat that could make Windows less important and pushed to bundle Internet Explorer free with Windows. His internal emails and his combative, evasive videotaped deposition became key evidence. The case dogged Microsoft for years, and Gates handed the CEO job to Steve Ballmer in January 2000.

When and how

Federal court in Washington, D.C., 1998–2001; Gates was deposed in August 1998, questioned by government lawyer David Boies.

How we know

Trial exhibits, including Gates's 1995 'Internet Tidal Wave' memo, and the court's findings of fact document his role.

Debates

Whether the case pushed Gates to step down as CEO and turn toward philanthropy, or he planned that anyway, is unclear.

▸United States v. Microsoft left room for rivals like Google (Larry Page and Sergey Brin)Debated

The connection

The case and 2001 settlement made Microsoft wary of using Windows to crush new rivals. Many observers argue this let Google grow in search, and later with its Chrome browser, without Microsoft smothering it as it had Netscape. Google later faced its own monopoly case, which leaned heavily on the Microsoft precedent.

When and how

US, 1998–2010s. Google was founded in 1998, the year the suit was filed; court oversight of Microsoft ran until 2011.

How sure are we?

The claim rests on industry testimony and scholars' arguments, not direct evidence; Judge Amit Mehta's 2024 ruling against Google cited the Microsoft case heavily.

Debates

Skeptics argue Microsoft simply misjudged search and Google would have thrived regardless; the what-if cannot be tested.