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Media Advisory: November 28, 2000

For Immediate Release
Nicholas Provenzo
: (703) 625-3296

CAC Calls on Appeals Court to Reverse Ruling in Microsoft Antitrust Case

SPOTSYLVANIA, VA—Yesterday, The Center for the Advancement of Capitalism (CAC) submitted an amicus curiae (friend of the court) brief with the United States Court of Appeals, District of Columbia Circuit, in support of Microsoft in its ongoing antitrust battle with the Department of Justice. Adam Mossoff, a respected political philosopher, historian and law student at the University of Chicago, drafted the brief, with Tom Bowden, an attorney in Maryland, and Doug Messenger, a law student in California, assisting him.

According to CAC President Nicholas Provenzo, “Our position is that every argument for antitrust crumbles upon proper philosophic examination. CAC’s amicus conducts precisely this kind of examination. Only by identifying the root premise of antitrust can one establish the moral, economic, and legal case against antitrust.”

"We say it is immoral to make a crime out of being successful—yet that is precisely what the antitrust laws have done to Microsoft,” says Mossoff. “Because antitrust laws violate the fundamental right to property, particularly the right to keep profits that result from free trade in the marketplace, such laws should be struck down by the federal courts."

"The CAC brief shows that the antitrust laws are unprecedented—both legally and morally,” says Mossoff. “The non-objective nature of the statutes and the contradictory case law evidences that it is impossible for businessmen to know whether they are violating the antitrust laws prior to their prosecution by the courts. More important, the antitrust laws necessarily require the government to initiate force against innocent businessmen who have not violated anyone's rights.”

“The arguments CAC is making against antitrust are the arguments that should have been made before antitrust was even made into law,” says Provenzo. “This brief represents an important step in our fight against antitrust. We are proud the court called on CAC for its analysis and we are certain that if given just consideration, the facts we presented before the court will be the facts that ultimately lead to the abolition of antitrust.”

A copy of the brief may be downloaded from CAC’s website at:


ADDENDUM: Due to a procedural requirement adopted by the D.C. Circuit Court of Appeals for the filing of CAC's amicus brief in U.S. v. Microsoft, CAC was directed to re-file an abridged version of its brief.  This abridged version was filed with the court on December 28, 2000, and it may downloaded from CAC’s website at:

To read the court's order in this matter, click here.


The mission of The Center for the Advancement of Capitalism is to present to the public a moral defense of individualism and economic freedom. The Center undertakes projects and activities designed to communicate its message to the public, the press, and policy leaders, targeting issues central to a moral defense of laissez-faire capitalism.

Copyright © 2000 The Center for the Advancement of Capitalism
PO Box 16325
Alexandria, VA 22302-8325, USA
Voice: (703) 625-3296 · Fax: (703) 997-1433

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