Microsoft Antitrust Trial Findings of Fact

Friday November 5, 1999
   )   
UNITED STATES OF AMERICA, )  
  )  
Plaintiff, )  
  )  
v. ) Civil Action No. 98-1232 (TPJ)
  )  
MICROSOFT CORPORATION, )  
  )  
Defendant. )  
  )  

 
  )  
STATE OF NEW YORK, ex rel. )  
Attorney General ELIOT SPITZER )  
et al., )  
  )  
Plaintiffs and )  
Counterclaim-Defendants, )  
  )  
v. ) Civil Action No. 98-1233 (TPJ)
  )  
MICROSOFT CORPORATION, )  
  )  
Defendant and )  
Counterclaim-Plaintiff. )  
  )  

   

FINDINGS OF FACT

These consolidated civil antitrust actions alleging violations of the Sherman Act, 1 and 2, and various state statutes by the defendant Microsoft Corporation, were tried to the Court, sitting without a jury, between October 19, 1998, and June 24, 1999. The Court has considered the record evidence submitted by the parties, made determinations as to its relevancy and materiality, assessed the credibility of the testimony of the witnesses, both written and oral, and ascertained for its purposes the probative significance of the documentary and visual evidence presented. Upon the record before the Court as of July 28, 1999, at the close of the admission of evidence, pursuant to FED. R. CIV. P. 52(a), the Court finds the following facts to have been proved by a preponderance of the evidence. The Court shall state the conclusions of law to be drawn therefrom in a separate Memorandum and Order to be filed in due course.