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,at the close of the admission of evidence, pursuant to Fed. The Court shall state the conclusions of law to be drawn therefrom in a separate Memorandum and Order to be filed in due course. A "personal computer" "PC" is a digital information processing device designed for use by one person at a time.
After all those years begging other folks to stand up here, it must be payback time. Thanks to Alistair Dawson for the invitation. This group has heard from its share of officials. Sean Royall, another Baker Botts alumnus and recently of the Federal Trade Commission, was here just a few weeks ago, telling tall tales about our sister antitrust enforcement agency.
Having heard from many officials over many years, you know that no set of remarks gets past the Justice Department censors without a few pages on increased criminal fines, merger statistics, and promises of reinvigorated enforcement of the Robinson-Patman Act.
So I have a report on the Division's recent work. Then I'd like to talk about the Supreme Court's recent Trinko case and close with some remarks about Microsoft.
Antitrust Division Update Criminal Enforcement The Antitrust Division's highest priority is and will remain challenging criminal cartels. The Supreme Court in Trinko called collusion the "supreme evil" of antitrust, so we figure we're on the right track. The criminal enforcement program is indeed busy.
Most of the statistics are up.
We have record or near record numbers of grand juries open in domestic and international cartel cases, some of which involve very significant cartel activity.
Prison sentences are the most powerful component of deterrence in cartel enforcement. Tell your clients, "You can go to jail. Maximum jail time increases to 10 years, bringing the antitrust penalties more in line with increased penalties for other white collar crimes.
This is not behavior you want to encourage. The Antitrust Division's leniency program remains the best method of cartel detection. Most of our criminal cases are developed directly or indirectly from a firm that sought leniency.
The message of the program is, we'll go easy on you if you cooperate.
The same federal legislation I just mentioned will make cooperation more attractive. A "de-trebling" provision limits damages in a follow-on civil action against a leniency program participant, arising out of the conduct for which it received leniency, to actual damages, as opposed to treble damages.
The cooperation requirement of the leniency program is serious. The Division recently kicked one participant out of the program for failing to abide by its terms.
The Division also recently released a statement on the program's requirements. All companies that apply to the Corporate Leniency Program must meet certain requirements and make accurate representations to the Division. Corporate applicants are accepted on a conditional basis. As part of its enforcement efforts, throughout the investigation, the Division verifies the representations of the corporate leniency applicant.
At any time throughout the process, the Division may expel an applicant after concluding that a company has made false representations to the Division or has otherwise not fully complied with the leniency policy requirements.
The outcome of the Hoffman-La Roche v. Empagran case is important to criminal enforcement and the leniency program.United States v. Microsoft Corp. Judgment vacated and case remanded with instructions first to vacate the district court’s contempt finding and its denial of Microsoft’s motion to quash, then to direct the district court to dismiss the case as moot.
Apr 04, · Microsoft made clear it was set for a long fight. Its chairman, William H. Gates, said, ''We believe we have a strong case on appeal.'' The ruling came just 48 hours after settlement talks collapsed.
The DOJ's case against Microsoft was plagued with problems, including questions about whether charges should have been brought against Microsoft in the first place. Apr 04, · The Microsoft Corporation violated the nation's antitrust laws through predatory and anticompetitive behavior and kept ''an oppressive thumb on the scale of .
The Anti-Trust Case Against Microsoft Since , a battle has raged in United States courts between the United States government and the Microsoft Corporation .
Brief of the United States in Opposition to Microsoft's Petition for a Writ of Certiorari (August 31, ) Brief for the United States on Petition for a Writ of Certiorari (August 22, ) Brief for the United States in Response to the Jurisdictional Statement (August 15, ).