DOJ Decision on Microsoft Case Draws Criticism, Praise
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The Bush administration's announcement Thursday that it was no longer seeking to break up Microsoft sparked accusations that the White House was reluctant to pursue legal actions against big corporations — but earned praise from those who believe the antitrust lawsuit should be resolved quickly.
Critics of the decision pointed to a similar move in June in which the Justice Department sought to settle a long-simmering civil lawsuit against the tobacco industry.
In both cases, the White House has altered course in Clinton-era suits against large corporations, reflecting the new administration's philosophy that lawsuits are not the best way to resolve disagreements.
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Just Punishment
But officials said the legal shift in the Microsoft case was not a retreat or an overture to enhance chances of a settlement. They also denied there was any involvement from the White House, where Microsoft executives have come calling in recent months. The company was also a top contributor to Republicans.
Officials said the decision was driven by a conviction that a just punishment, albeit one that involves keeping Microsoft together, could be devised to correct the illegal monopoly Microsoft maintained over the computer software market.
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They suggested the government would ask the new judge handling the antitrust case to review the Windows XP software and seek a penalty that ensures the company doesn't operate as an illegal monopoly in the future.
Not everyone agreed with the administration's stance. Rep. John Conyers, D-Mich., accused the Justice Department of trying to weaken and slow down the case and questioned whether political aides at the White House influenced the decision.