Attorney generals discuss Microsoft

WASHINGTON (AP) - Signaling a potential division within ranks that could complicate settlement talks and the next important phase of the Microsoft trial, some states active in the case believe the Justice Department's plan to break up one of the world's most successful companies may not be the best solution.

Although debate continues in secret among the 19 state attorney generals deciding what to recommend about Microsoft Corp., there is a risk the government might fail to bring a unified proposal on sanctions to U.S. District Judge Thomas Penfield Jackson. He previously told government lawyers bluntly to agree among themselves before they present in court any plan for sanctions.

"I would not like to have to deal with divergent points of view," Jackson told them in a private meeting in November.

Illustrating the difficulties in achieving such consensus, Ohio's attorney general indicated she is leaning toward a ban on some of Microsoft's behavior toward others in the technology industry rather than a forced restructuring of the software giant.

Calling the dilemma "the most difficult professional decision I ever got involved with," Ohio Attorney General Betty Montgomery told The Associated Press that a breakup of Microsoft "has never been on my top list."

"I have to tell you that my bias is toward a conduct resolution, but again it's too early to be specific," Montgomery said. "Quite frankly, I indicated to my staff when we started this lawsuit that I was not looking out for a structural solution as much as a conduct solution."



Originally on page 7A in the 1-26-2000 issue of the Daily.

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