Microsoft and government will appeal judge's rejection of antitrust accord

Article Abstract:

The US Justice Dept is appealing US District Judge Stanley Sporkin's decision to reject an antitrust settlement between Microsoft and the agency. Microsoft will join the appeal, filed in the US Court of Appeals in Washington, DC, in a separate brief. US Attorney General Janet Reno says Sporkin's decision is too broad and encompasses issues not even alleged in the original complaint, which launched the Justice Dept investigation and led to the disputed settlement signed in Jul 1994. Legal analysts say that Sporkin's action broadens the powers accorded to judicial reviews of antitrust consent decrees as defined in the 1974 Tunney Act. Justice Dept officials contend that the judge's reversal weakens the ability of the antitrust division to forge agreements with defendants, which is its principal enforcement mechanism. Industry observers surmise that the Justice Dept may have to more closely scrutinize Microsoft's $1.4 billion acquisition of Intuit because of the judicial opposition.

Legal Counsel and Prosecution, Antitrust Division, Government Activity

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U.S., Microsoft file last round of briefs as court date on consent decree nears

Article Abstract:

Microsoft and U.S. Department of Justice are filing their last appellate briefs to prepare for an oral argument on the antitrust consent decree that was rejected by a federal district judge. The judge, Stanley Sporkin, rejected the consent decree, claiming that the two parties had not provided him with enough information about the agreement and had limited the consent decree to Microsoft's licensing practices. Microsoft's appellate brief requests that Sporkin be removed from the case and both briefs argue that the appellate court has the jurisdiction to consider the case. Other opponents of the consent decree claim that the agreement does not go far enough in limiting Microsoft's power and does not address volume discounting practices or per-processor licensing agreements.

License lawsuit

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Judge and attorneys duel over Microsoft; biting comments pepper heated antitrust hearing

Article Abstract:

Judge Stanley Sporkin and lawyers for the Justice Dept and Microsoft have recently been at odds over allegations centered on Microsoft's conduct in a book the judge read last year. It remains unclear whether the six-month-old consent decree on Microsoft's licensing practices will be approved by Judge Sporkin. If the settlement is not approved, the Justice Dept could take the case to a higher court, claiming the judge abused his discretion, but experts discount the possibility. The Justice Dept could file suit against Microsoft to get the same relief it got from the decree, or investigate further and introduce a different case. Further legal woes are a time-consuming distraction for Microsoft, one of the reasons it wanted to complete the antitrust agreement in Jul 1994.

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

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