11/19/2001 - Updated 11:42 AM ET

Microsoft stance may hurt Utah's attorney general

SALT LAKE CITY (AP) — Utah's Republican attorney general is being criticized for rejecting a settlement of the antitrust suit against Microsoft and is bracing for a possible challenge for his party's nomination when he seeks reelection. Attorney General Mark Shurtleff made up his mind just 15 minutes before the 11 a.m. Nov. 6 deadline to join with eight other states in continuing the antitrust litigation.

Recent developments


Nine states joined the Department of Justice in a settlement.

Shurtleff made the decision after fielding dozens of last-minute pleas by Microsoft friends and foes, the culmination of months of an intense lobbying campaign.

"It was amazing. You can't imagine," says Shurtleff. "I haven't seen anything like it."

Microsoft, a $5,000 contributor to Shurtleff's 2000 election, wasn't the only entity irked by his decision. He also angered his party's conservative wing.

"I'm being called a RINO (Republican in Name Only) and a Democrat," he said, adding that he was sure the anger from the right assures he will have a Republican challenger in 2004.

A petition circulated at a recent Republican central committee meeting condemned the antitrust case and Utah's role in it. Committee member Kenneth Olafson said the petition was signed by nearly 50 of 83 party members attending the meeting.

"The philosophy of the Republican Party is that we should have smaller government," Olafson said. "You don't bring the big bear of government into this deal when there are civil remedies available."

Shurtleff said his decision to continue the litigation was a matter of upholding the rule of law.

"The courts have unanimously found that Microsoft violated antitrust laws," he said in an e-mail to supporters. "It would have been very inappropriate for me, as the chief legal officer of Utah and sworn to uphold the law, to just walk away from the litigation."

The judge in the case has scheduled a hearing to determine whether it was in the public interest to accept the settlement, and set a timetable allowing the remaining states to argue for tougher penalties.


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