Microsoft's future could ride on a decision that's likely to have as
much to do with politics as with anti-trust law. And with politics comes money.
In recent years, the software giant has showered millions of dollars on
politicians of both major parties, lawmakers who now will decide whether to
take a stand on one of the nation's biggest anti-trust suits.
Overall, Microsoft and its employees were the country's fifth-largest
political donor in the 2000 election -- contributing $4.7 million to
politicians and their committees. Republicans received about 53 percent of
For Microsoft, the stakes are huge. The U.S. Court of Appeal's decision
Thursday to toss out a lower court's plan to split the high-tech firm into two
separate entities was another step in a long legal battle. Now Justice
Department attorneys must decide whether to appeal the decision to the Supreme
Court, retry the penalty phase in a lower court or settle the case.
The company's wide financial reach makes it easier for politicians to duck
and wait for the heat to pass on the issue, even those expected to take a
Republican House Speaker Dennis Hastert and his Democratic counterpart,
Minority Leader Dick Gephardt, who are not known for agreeing on issues, made
similar statements in the wake of Thursday's ruling.
"Let's hope that we can put this lawsuit behind us," Hastert said.
For Gephardt, the ruling hopefully "will cause the parties, and the court,
to go back and see if they can come up with an appropriate, sensible agreement.
Both Hastert and Gephardt list Microsoft as a campaign contributor.
According to Federal Election Commission records, Gephardt received $2,500 in
2000 and another $5,000 this year. Hastert received $2,500 last year and an
additional $1,000 this year, FEC records show.
And in a joint statement, Sen. Mike DeWine, an Ohio Republican who received
$9,000 in campaign contributions from Microsoft last year, and Democratic. Sen.
Herb Kohl of Wisconsin said they "will continue to monitor future
developments in the case closely, but feel strongly that the case must remain
above politics." The two are the ranking members of the Senate's anti-trust
Microsoft didn't always seek support in Washington. For years, the software
giant prided itself on steering clear of national politics and lobbying. But
when their legal troubles started, that attitude quickly changed.
"Microsoft, before their anti-trust case, had almost no presence in
Washington," Arizona Sen. John McCain told The Chronicle editorial board
earlier this year. "Now, I almost don't know a lobbyist who's not on their
During the last election campaign, Microsoft employees gave more than $50,
000 to the Bush campaign, while the company and its workers gave $500,000 in
unlimited, soft money donations to the Republican National Committee for use
in Bush's battle against Democrat Al Gore. Gore did not receive any money from
Microsoft, according to election commission records.
According to data supplied by the Center for Responsive Politics, Microsoft
employees also donated $22,500 to Bush's recount effort, and a Microsoft
executive gave $100,000 to the Bush-Cheney Inauguration Committee.
Ideology has little to do with where Microsoft spreads its money. In the
2000 election cycle, the company donated to 247 House campaigns and 61 Senate
candidates. House Republicans received $326,000 while Democrats took in $262,
"Companies that are really toeing the 50-50 party split on donations are
basically pragmatic," said Sheila Krumholz, research director for the Center
for Responsive Politics, a nonprofit group that monitors political
contributions. "They court all sides."
Rep. Nancy Pelosi, a liberal Democrat from San Francisco, received $1,000,
the same as conservative Republican Rep. Dan Burton of Indiana. Liberal
Democratic Rep. Charles Rangel of New York took in $4,000 from Microsoft,
while conservative Republican Rep. Dick Armey of Texas received $5,000.
It was the same story in the Senate, where Democrats Dianne Feinstein of
California received $8,000 from Microsoft and Edward Kennedy of Massachusetts
received $6,000. On the Republican side, Microsoft gave Trent Lott of
Mississippi $5,000 and Missouri's John Ashcroft received $9,000.
Ashcroft, who lost his bid for the Senate, has since become attorney
general, the man in charge of the Justice Department and its handling of the
President Bush is waiting to hear from Justice before making any public
statements on the future of the case. But White House spokesman Ari Fleischer
hinted that the president wouldn't mind seeing a settlement, a position that
would match that of Microsoft founder Bill Gates.
"The president believes that people should work hard to enter into
agreements," Fleischer said Thursday. "And the president believes that there's
too much litigation in our society, generally speaking."
Shown below are total soft & PAC money contributions from Microsoft Corp.
(x) Jan. 1 1991 through June 30, 2000(x)
PAC contributions from Microsoft to members of committees with jurisdiction
over issues importan to the company are shown below.
1995-1996 1997-1998 1999-2000(x)
House Committee on Commerce
$12,000 $30,500 $84,000
House Committee on the Judiciary
8,000 26,000 63,999
House Committee on Ways & Means
3,000 13,000 28,500
Senate Commerce, Science & Transportation Committee
4,500 29,000 44,000
Senate Finance Committee
5,000 10,000 16,000
Senate Judiciary Committee
1,000 13,000 39,000
(x) Jan. 1, 1991 through June 30, 2000
©2001 San Francisco Chronicle