The American citizenry has finally and forever been undeniably and totally sacrificed to the market. Today the Justice Department told Microsoft that it would no longer pursue the breakup of the software monster, a breakup ordered by a U.S. District judge (although that remedy had been overturned by an appeals court). Oh, and all that nasty business about Microsoft illegally tying its Internet Explorer web browser to its Windows operating system? Never mind.
The reason for the Justice Department’s reversal? Fear that any setback for Microsoft would be a setback for the market, something not to be trifled with given the current poor economy. That’s right, whacking Microsoft would ruin the economy. So now, as a result, big business has a de facto defense for any heinous offense in the future: “You can’t punish us, you’ll devastate the market.”
Wired‘s Declan McCullah had the best early coverage, coupled with Michelle Delio’s commentary on reaction from various corners. Wired also has a pretty good timeline of the U.S. v. Microsoft case.
Delio landed a disturbing quote from a stock broker that just oozed slime: “Can you imagine the havoc that the stock market would descend to if Microsoft was forced to split? One of the few tech stocks that isn’t dying in front of our eyes, and the government is going to kill it off? I don’t think so.” Even worse, an antitrust lawyer—who presumably should know better—was quoted as saying, “You simply cannot break apart that company in this current economy. We don’t need any more havoc in the employment or financial markets right now.”
How did we ever get so far off the tracks that legal decisions are now reversed in light of their possible impact on an allegedly free market? And since when is there an unemployment market?
While I never favored breaking up Microsoft—I still feel that even one Microsoft is one too many—I never expected such an unabashed whitewash. And it is a whitewash; the Justice Department reversal was announced absent any settlement or even concession by Microsoft. I guess it was naïve to not see this coming; after all Attorney General John Ashcroft waffled effortlessly when asked about the “Microsoft situation” during his appointment confirmation hearings.
Microsoft is a monopoly; no one even remotely doubts it. Microsoft used its monopoly position to harm consumers; no one doubts that either. Where the libertarian and right-wing nuts go off into the deep weeds is when they claim that Microsoft’s success proves they did nothing wrong.
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