Then why does this trial have a remedy phase? Why has there never been any mention of a penalty phase, a punishment phase, or a sentencing phase?
The remedy phase IS the sentencing phase.
Microsoft has been found guilty of a civil infraction. Their punishment IS the remedy.
Why has Microsoft been given the right to participate in the process of hammering out a solution - and even the right to try to settle the case - after they were found to have violated antitrust law?
Parties in civil cases are always allowed to settle out of court. If they do not settle out of court, the court is allowed to assess damages upon the defendant if they lose.
Why is this a civil action rather than a criminal one?
Because antitrust law is part of the civil code (or whatever the phrase is). What does this have to do with anything?
Have you never heard of damages being assessed in civil cases? WTF were the OJ civil trial damages?
Damages CAN be assessed in this case. Any number of questions you ask out of ignorance of that fact are immaterial.
In fact, the biggest problem MS may face are the ongoing civil suits that are sure to follow if the DOJ folds, because as I said damages are tripled in antitrust cases.
IANAL, etc.