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Microsoft is still in the crosshairs; threat of rare state AGs' suit is especially worrisome

Article Abstract:

State and federal antitrust lawyers threaten to file separate antitrust suits accusing Microsoft Corp of using its monopoly power to engage in unfair competition, and the cases are expected to take different legal approaches. Twenty states were expected to file suit a day before the May 15, 1998 Windows 98 release date, and Microsoft's last-minute decision to bargain with prosecutors may represent an acknowledgment of more aggressive state and federal attitudes. States often win settlements or injunctive relief in multistate price fixing lawsuits, though not necessarily in monopoly actions.

Author: Slind-Flor, Victoria, Thomas, Kate
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998

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Can U.S., AGs beat Microsoft? No precedents squarely cover software cases; and relief sought is novel

Article Abstract:

A key issue in the US Department of Justice's antitrust case against the Microsoft Corp is whether there is a legitimate business purpose to Microsoft practices such as tying the Internet Explorer to Windows 98 and mandating restrictions from PC makers on the first screen users see when booting up their computers. Critics of Microsoft maintain that such practices exist to insulate the company from competition. The preliminary relief sought by the Justice Department is that Microsoft include Netscape Navigator, the browser of its main competitor, with Windows 98.

Author: Donovan, Karen
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998

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Antitrust laws can hit high-tech targets, too

Article Abstract:

US v. Microsoft Corp illustrates the fallacy of the idea that antitrust laws stifle innovation. Properly used, such laws allow the marketplace to function properly, thereby encouraging both innovation and competition. Competition is the engine producing the best products at the cheapest price. Properly used, the antitrust laws lead to competition. This principle is true across the board, even for the high-technology sector.

Author: Scalpone, Lisa R., Aaronson, Jeffrey B.
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
Prepackaged software, Software Publishers, Applications Software Pkgs (Micro), Applications software

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Subjects list: United States, Cases, Microsoft Corp., Antitrust law, Unfair competition (Commerce), Unfair competition, MSFT
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