Judge rejects U.S. plan to settle antitrust case against Microsoft

Article Abstract:

Federal District Court Judge Stanley Sporkin has decided to reject the antitrust settlement agreement that the US Justice Dept had negotiated with Microsoft in Jul 1994. The judge ruled on Feb 14, 1995 that the proposed settlement fails to address how Microsoft, the world's leading software vendor, will loosen its hold on the software industry. Judge Sporkin also felt that the proposed settlement did not address how Microsoft would remedy the unfair advantage it has gained in the operating system (OS) market through past anti-competitive behavior regarding its MS-DOS and Windows OSes. Neither Microsoft nor the Justice Dept had any comment on Judge Sporkin's ruling. Legal analysts report that the Government has four options it can take in light of the Federal District Court's decision. The Justice Dept could appeal Judge Sporkin's ruling; renegotiate a new, more stringent settlement with Microsoft; file an antitrust case against Microsoft or simply drop the matter entirely. A status hearing on the matter is scheduled in the Federal District Court for Mar 16, 1995.

Operating system, Operating systems (Software), Operating systems

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Judge in the Microsoft case is willing to test the limits

Article Abstract:

Federal Judge Stanley Sporkin is being criticized for his refusal to approve a proposed settlement agreement negotiated between the US Justice Dept and Microsoft over Microsoft's alleged anticompetitive business practices. In a move that surprised both the Justice Dept and Microsoft, Judge Sporkin bluntly refused to approve the consent degree that had been drawn up by the Justice Dept and agreed to by Microsoft in July 1994. Sporkin attacked the proposed decree as being to narrow because it centered on Microsoft's marketing practices for its MS-DOS operating system and failed to address other potentially anticompetitive behavior engaged in by the software giant. Sporkin is not new to controversy. In the 1970s, he headed the Securities and Exchange Commission's (SEC) enforcement branch and initiated charges against about a dozen large companies for allegedly bribing foreign governments. While serving on the federal branch, Judge Sporkin fought the State Dept over a case that involved a Holocaust survivor suing the German Government in American courts.

Sporkin, Stanley

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Microsoft settlement challenged; U.S. and company questioned by judge

Article Abstract:

Federal District Court Judge Stanley Sporkin indicated he is unhappy with the Justice Dept's antitrust settlement with Microsoft Corp. In a recent hearing, Judge Sporkin displayed industry documents alleging that Microsoft planned to deceive its competitors about plans to release a new product. The judge was unsure as to why the Justice Dept had not addressed this issue in their settlement with Microsoft. Assistant Attorney General Anne K. Bingaman, told the judge he should not ask questions about issues outside the realm of the settlement. Bingaman claims the Justice Dept brought the strongest case to bare against Microsoft, supported by the facts. Adding, if new forms of anti-competitive activities were brought to light, the federal government could motion for a new investigation.

Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Antitrust Law, Investigations, Court Cases

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