What the DOJ must do to win their case against Microsoft

o win its antitrust case against Microsoft Corp., the government must prove that the software giant illegally used its monopoly powers to stifle competition and hurt consumers.

PROOF OF MONOPOLY: The government must first prove that Microsoft owns a monopoly in operating systems, the software that runs desktop computers. Microsoft's Windows software currently runs 90 percent of the world's computers. But being a monopoly is not in itself an offense.

ABUSING MONOPOLY POWER: If the government can prove that Microsoft monopolizes the software business, the key question is whether the company used that power to muscle into the market for Internet browser software. In addition to squeezing competitors, it must be shown that Microsoft hurt consumers by limiting their choices.

The government must prove that Microsoft required PC makers to license and install its Internet Explore browser as a condition of loading Windows 95, and that Microsoft intended to use the same tactic in the Windows 98 version. Microsoft has said the browser is now a vital part of Windows 98 and cannot be removed.

If it is proved that Microsoft used its leverage in operating systems to make PC companies carry Internet Explorer, it would be a violation of the Sherman Antitrust Act. That law was founded in 1890 to stop corporate giants of that era from forming ``trusts'' to buy competitors, force others out of business and raise prices.