From: Bill Gates
Sent: Sunday, April 02, 2000 3:09 AM
To: MS Corporate Employees: FTE Only; MS Intl
Employees: FTE Only; MS Domestic Employees: FTE Only; WebTV Wnifolk
Subject: DOJ update
Despite our best efforts, the mediation process in the antitrust
lawsuit has concluded without reaching a settlement. The mediator, Judge
Richard Posner, has issued a statement announcing the termination of mediation.
A copy of that statement is attached.
I want you to know that we did everything we possibly could to
reach a fair settlement through mediation. We negotiated in good faith for four
months, and exchanged many drafts of settlement papers. We offered many
significant proposals to address the government’s concerns, and we were close
to agreement on many of these issues. We went so far as to offer concessions
that went well beyond the issues in the case, because we thought it was in
everyone’s interest for there to be a settlement. We really went the extra
mile, as did Judge Posner, who deserves an enormous amount of credit for his
diligence and tenacity.
Unfortunately, despite thousands of hours of work by our
settlement team and senior executives - and hundreds of hours by Steve Ballmer
and I - we could not agree to demands that would have imposed radical
limitations on our business, especially when those demands related to issues
outside the case. A settlement that would have prevented us from innovating in
Windows would not benefit consumers.
The biggest problem in the negotiations was that, right up to the
end, the states and the DOJ were never on the same page. I think we could have
reached a settlement if the other side had spoken with one voice and taken
reasonable positions, but the divisions and extreme views on the other side
made it impossible.
We have a very strong case and believe strongly that the judicial
system will ultimately rule in our favor. The developments since the case was
filed show just how dynamic and
competitive our business is. Please remember that the core of this case is that
the government is saying that we should not have provided integrated support
for the Internet in Windows, even though Windows always did a great job running
our competitors’ Internet software.
We expect the U.S. District Court will announce its Conclusions of
Law as soon as Monday. Based on the District Court’s findings of fact we don’t
expect the ruling to be favorable to M?crosöft, but are confident that we will
prevail on appeal if an appeal is necessary.
The government’s refusal to settle represents a missed opportunity
to resolve this case in the best interests of consumers and the U.S. economy.
Public opinion has consistently shown that the American people wanted this
settled. That would have been far better than wasting years of resources in
continuing litigation.
I’ll continue to keep you informed about new developments over the
next several days.