[Congressional Record Volume 144, Number 147 (Thursday, October 15, 1998)]
[Senate]
[Page S12639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          SOFTWARE COMPETITION

  Mr. KERRY. As many of my colleagues are aware, on October 7, a 
coalition of prominent consumer groups released a study entitled ``The 
Consumer Case Against Microsoft.'' The report reviews quantitative 
evidence, journalistic accounts of the software industry and evidence 
presented by the Department of Justice and the states Attorneys General 
in its discussion of four major areas of alleged attempts at 
monopolization--operating systems, desktop applications, web browsers 
and electronic commerce. The report concludes that Microsoft has a 
monopoly in several important segments of the consumer software market 
and is likely to continue to use its market power to gain monopoly 
market share in other existing and developing markets. In addition, the 
report argues that Microsoft's business practices and monopoly status 
combine to deprive consumers of cost savings, quality and choice. These 
are important issues, and I hope the next Congress will further explore 
this matter.
  Later this month, after we adjourn, the antitrust case against 
Microsoft will go to trial, and it may conclude before the next 
Congress convenes. During the course of this trial, the public will 
learn much about business practices in the software industry, and 
issues surrounding competition in the software industry will likely 
gain a higher degree of visibility. I commend all of my colleagues to 
monitor this trial and the questions that it may raise.
  I also ask my colleagues to review the consumers groups' report along 
with any rebuttal which Microsoft may put forth. The issues raised in 
the report and during the trial may force Congress to examine whether 
existing antitrust law sufficiently addresses market abuses in the new 
digital age. They may also force Congress to consider new and important 
consumer protection and market dominance issues absent traditional 
antitrust examination. In the final analysis, we must strive to ensure 
that all consumers, large and small, are able to benefit from a vibrant 
and competitive electronic marketplace marked by innovation, 
competitive pricing and consumer choice.

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