Antitrust redux: Microsoft litigation; the consent decree recalls the landmark litigation between IBM and the Department of Justice
Article Abstract:
The Microsoft antitrust suit that recently devolved into Tunney Act proceedings echoes in many details the similar suit the government brought against IBM in 1969. Both dragged on for years, with the government ultimately moving to dismiss and the judge taking an almost prosecutorial stance resulting in appeal. Microsoft's court style may have aided it in this case, but others brought by private plaintiffs could do better. Judge Stanley Sporkin's refusal to accept the Microsoft consent decree raises separation-of-powers questions.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Polaroid court didn't use antitrust theory
Article Abstract:
Patricia A. Martone misinterpreted the decision in Polaroid v Kodak in her National Law Journal article of Oct 7, 1991 when she complained of antitrust theory being used in patent cases. Damages in a patent infringement case must be determined by estimating the profits the company would have realized if the infringement had not occurred, by a process similar to that used in antitrust cases. In the Polaroid case the influence of the conventional photography market, not just instant photography, had to be taken into account.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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NFL owners drive hard on antitrust playing field; a 9th Circuit ruling weakened league authority. Now three franchises are suing for more financial autonomy
Article Abstract:
Three National Football League team owners have filed lawsuits against the league over antitrust issues that turn on the legal relationship between the clubs and the league's regulatory rights. Oakland Raiders owner Al Davis says the league cannot control where a member club operates, Dallas Cowboys owner Jerry Jones contends other clubs have no right to his team's revenue, and New England Patriots owner Billy Sullivan claims the league cannot require individual ownership. A 1982 ruling by the 9th Circuit is crucial.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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