Microsoft, Justice Department appeal judge's ruling on antitrust accord

Article Abstract:

Microsoft and the Dept of Justice (DOJ) filed appeals on Mar 7, 1995, seeking to reverse a ruling by federal court Judge Stanley Sporkin that rejected an antitrust settlement agreement negotiated between the software vendor and the DOJ. Both filings ask the appellate court to remand the case to the federal district court, although Microsoft asks that Judge Sporkin not be reassigned to the case because he has allegedly shown a 'personal bias' in the matter. In his Feb 14, 1995, ruling, Judge Sporkin decided to reject a settlement agreement that had been negotiated between Microsoft and the DOJ in Jul 1994. Judge Sporkin ruled that the settlement was too narrow in that it mainly covered Microsoft's licensing of operating systems and did not address other potentially anticompetitive practices by the company. The DOJ, in its appeal, has charged that the Judge exceeded his authority and that his behavior threatens the antitrust division's ability to negotiate settlements. Microsoft criticized the justice for relying too heavily on allegations against the software vendor chronicled in Andrew Shulman's 'Unauthorized Windows 95' book.

Cases, Antitrust law, Antitrust Issue, Sporkin, Stanley

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U.S. may appeal judge's ruling on Microsoft; Justic Department leans to fighting rejection of antitrust settlement

Article Abstract:

The US Justice Department is leaning toward appealing a ruling by US District Judge Stanley Sporkin that struck down a consent decree that the Justice Department had made with Microsoft over alleged anticompetitive activities. Judge Sporkin struck down the consent decree because he claims that it is not in the public interest. Microsoft also indicated that it would participate in an appeal. Many legal observers believe that Judge Sporkin's ruling was beyond his authority. They contend that the 1974 Tunney Act, which addresses judicial review of antitrust consent decrees, states that judges are prohibited from using evidence other than whether the decree would hurt competition or was negotiated in bad faith. The Justice Department would have to be involved in outright corruption, many observers contend, for the bad faith provision to apply. The Justice Department and Microsoft would be expected to win an appeal.

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Apple alleges Gates bullied it over lawsuit; Microsoft software threat is said to have ended after call by Bingaman

Article Abstract:

Apple claims top Microsoft executives attempted to bully the computer vendor into withdrawing lawsuits pending against Microsoft and stopping a competing technology-development effort by threatening to withhold important software. Apple allege two threats were personally delivered by Microsoft Chmn and CEO William Gates at a Jan, 1995, meeting with Apple CEO Michael Spindler. Apple alleges Microsoft only agreed to let it have an advanced copy of Microsoft's Windows 95 operating system after US Assistant Attorney General Anne Bingaman, who negotiated Microsoft's controversial antitrust settlement, interceded on Apple's behalf. Apple's allegations are contained in a letter to US District Judge Stanley Sporkin, in which five Apple executives give sworn declarations on the Microsoft matter.

Systems Software Pkgs, Operating system, Operating systems (Software), Operating systems, AAPL, Apple Inc.

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