Antitrust litigation

Gates giving his deposition at Microsoft on August 27, 1998

Many decisions that led to antitrust litigation over Microsoft's business practices have had Gates's approval. In the 1998 United States v. Microsoft case, Gates gave deposition testimony that several journalists characterized as evasive. He argued with examiner David Boies over the contextual meaning of words such as, "compete", "concerned", and "we". The judge and other observers in the court room were seen laughing at various points during the deposition.^[58] BusinessWeek reported:

Early rounds of his deposition show him offering obfuscatory answers and saying 'I don't recall,' so many times that even the presiding judge had to chuckle. Worse, many of the technology chief's denials and pleas of ignorance were directly refuted by prosecutors with snippets of e-mail that Gates both sent and received.^[59]

Gates later said he had simply resisted attempts by Boies to mischaracterize his words and actions. As to his demeanor during the deposition, he said, "Did I fence with Boies? ... I plead guilty. Whatever that penalty is should be levied against me: rudeness to Boies in the first degree."^[60] Despite Gates' denials, the judge ruled that Microsoft had committed monopolization andtying, and blocking competition, both in violation of the Sherman Antitrust Act.^[60]