M'soft tying test may fall short; did Judge Jackson miss chance for New Economy standard?

Article Abstract:

Judge Thomas Penfield Jackson's findings in the Microsoft antitrust case are discussed. Microsoft's appeal will hinge on whether the panel agrees with Jackson's findings of law, when he claimed an an earlier Microsoft victory victory with a test of the tying of software products was inconsistent with Supreme Court precedent. The Justice Department must make strong arguments on technological tying to win on appeal.

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Appeals ruling is hidden hand for Microsoft; a D.C. Circuit decision could dictate the outcome of the vital antitrust trial

Article Abstract:

Judge Thomas Penfield Jackson denied Microsoft's motion for the summary judgment of the antitrust case against the company based on federal Judge Stephen F. Williams' mid-1998 ruling that the company could integrate the Internet Explorer into its Windows operating system if there was plausible evidence of some advantage. Judge Williams was interpreting a contract, but his ruling also states the antitrust principles of the computer industry.

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And the winner is... Judge Jackson will decide on Microsoft now that trial is over

Article Abstract:

The evidentiary phase of the government's antitrust trial against the Microsoft Corp ended in mid-1999, and Judge Thomas Penfield Jackson will now rule on issues including whether Microsoft qualifies as a monopoly and whether it is guilty of illegal tying or predatory practices. The Justice Department has again toughened antitrust law by trying Microsoft and Judge Jackson's ruling could set rules of engagement for the technology industry for the 21st century.

Unfair competition (Commerce), Unfair competition

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