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Justice Dept won't pursue Microsoft break-up

Joe Wilcox, CNET News.com CNet

Published: 06 Sep 2001 15:39 BST

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The government on Thursday said that it would not seek to break up Microsoft when a federal judge resumes proceedings in the case.

Microsoft, the Justice Department and 18 states are scheduled to meet over the next two weeks with US District Judge Colleen Kollar-Kotelly.

The Justice Department said in a statement that it would "not seek a break-up of the company into separate operating systems and applications businesses, as previously had been ordered by the court. Instead, the Department will seek an order that is modeled after the interim conduct-related provisions of the Final Judgment previously ordered in the case."

The government also will not seek a rehearing on the tying claim -- that Microsoft illegally integrated its Internet Explorer Web browser with Windows 95 and 98.

Microsoft spokesman Vivek Varma had little to say about Thursday's surprise announcement. "We remain committed to resolving the remaining issues in the case," he said.

In its statement, the Justice Department said it is "taking these steps in an effort to obtain prompt, effective and certain relief for consumers."

While the no-break-up news is initially good for Microsoft, the government made clear its intention to go after products not included in the original case.

The Justice Department said it would "ask the court for a period of expedited discovery to investigate developments in the industry since the trial concluded, and to evaluate whether additional conduct-related provisions are necessary, especially in the absence of a break-up. The Department is seeking to streamline the case with the goal of securing an effective remedy as quickly as possible."

See the DoJ/Microsoft News Section for the latest headlines.

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