<A HREF="http://www.usdoj.gov/opa/pr/2001/September/447at.htm">The Department of Justice's Antitrust Division</A> has advised Microsoft that it will not seek a break-up of the company in remand proceedings before the U.S. District Court. It also informed the company that it does not intend to pursue further proceedings on the tying count of the original complaint. The Department said it is taking these steps in an effort to obtain prompt, effective and certain relief for consumers.

These announcements were made in light of an order by the District Court directing the Antitrust Division and Microsoft to produce a joint status report by September 14, 2001, outlining proposals for further proceedings in the case. The Division advised Microsoft of its position on the tying claim and the issue of structural relief to facilitate consultations on the joint report.

In June, the Court of Appeals upheld the District Court's ruling that Microsoft had engaged in exclusionary conduct intended to maintain its monopoly in the market for PC operating systems. The District Court initially had found that Microsoft also had unlawfully tied its web browser to the operating system, but the Court of Appeals reversed and remanded the tying count for consideration under a more rigorous legal standard. The Court of Appeals also vacated the remedies imposed by the District Court, directing a new judge to fashion appropriate remedies following evidentiary hearings.