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Texas attorney general backing off Microsoft, citing local firms

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The Texas Attorney General's office is backing off its participation in a multistate antitrust investigation of Microsoft Corp. at the behest of computer companies located in the state, the attorney general's office said in a press release yesterday.

"Before contemplating any legal action against Microsoft, I feel it is prudent and wise to personally hear the concerns of our Texas-based computer companies," Attorney General Dan Morales said in the statement. "I expect to meet with some of them over the next few weeks to discuss these concerns. In the meantime, we will continue to look into this matter to ensure that Texas consumers are protected."

Attorneys general from at least 10 and as many as 20 states are reportedly preparing to file an antitrust lawsuit against Microsoft on Thursday or Friday, possibly in conjunction with a broad antitrust lawsuit by the U.S. Department of Justice. The legal actions could prevent Microsoft from releasing Windows 98 to computer manufacturers on Friday as scheduled.

Morales said he had received letters over the past few weeks from "several officials of Texas' computer industry who have expressed concerns that the filing of a lawsuit against Microsoft may negatively impact their companies as well as the consumers of this state."

The CEOs of Compaq Computer Corp., Dell Computer Corp., Computer City and CompUSA, all of Texas, were among 26 high-tech executives who signed a letter dated April 30 that was sent to the Justice Department saying a delay in the release of Windows 98 would harm the industry.

Texas was the first state to pursue Microsoft, filing a lawsuit last year that argued that Microsoft's confidentiality agreements with computer manufacturers interfered with a state investigation into the software giant's business practices by silencing licensees. A district court judge dismissed the lawsuit in February.


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