'Slam dunk' seen for Microsoft in its antitrust pact appeal; lawyers watching D.C. Circuit arguments put their money on software giant

Article Abstract:

Court observers expect a US Circuit Court of Appeals panel in Washington DC to overturn US District Judge Stanley Sporkin's rejection of an antitrust settlement reached in Feb 1995 between Microsoft and the government. The appeals court has often overturned Sporkin and is on record saying the Tunney Act, under which Sporkin made his decision, should be interpreted to favor the government. The decision could affect government power to negotiate such settlements, as well as a case it brought recently against Microsoft's proposed buyout of Intuit.

Packaged Software, Consent decrees

---

Novel twist in Intuit lawsuit; claim cites Microsoft's harm to 'future market.'

Article Abstract:

The government antitrust lawsuit against Microsoft and Intuit regarding a proposed merger is the first to argue that a buyout would threaten a future market rather than an existing one. US District Judge William H. Orrick Jr. has taken characteristic control of the case, issuing instructions that require a straightforward declaration of facts from both sides and lay out a five-week trial. Antitrust head Anne K. Bingaman may be risking her reputation in this case, especially following a widely criticized consent decree last summer.

Software Publishers, Financial, Acctg Software Pkgs (Micro), Financial software, Intuit Inc.

---

Government wastes no time on Microsoft appeal

Article Abstract:

The Justice Department plans to appeal a federal district court's rejection of its proposed antitrust settlement with Microsoft Corp. The department claims that federal judges must defer to Department of Justice judgments and that Judge Stanley Sporkin failed to do so. Former Antitrust Division lawyer Joe Sims says the government had to appeal since not doing so would invite future judges to follow Sporkin's lead, rendering the consent decree useless.

Computer industry, Investigations, Unfair competition (Commerce), Unfair competition

Similar abstracts:

• Abstracts: The need for tax clarity and the application of the Acte Clair doctrine to direct taxes. Kirchberg 3 October 2006: three decisions that did ... not change the future of European taxes
• Abstracts: Fla. bar asks high court to take a hard look at ads. Ad decision could spur a rollback; bar leaders eye Fla. rule as a model on solicitation
• Abstracts: Incorporating dynamic efficiency concerns in merger analysis: the use of innovation markets. The misapplication of the innovation market approach to merger analysis
• Abstracts: Poll: more lawyers see O.J. walking; 70 percent now say Simpson will go free. Most say race is a factor. part 2
• Abstracts: When does a shareholder class settlement settle? The high court is to decide whether a pact approved by a Delaware judge precludes related federal litigation

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.