Volume II

Issue : 14: July 8, 2004

• U.S. Supreme Court Rules COPA Unconstitutional
• Negotiation Instead of Litigation over Internet Gambling
• The Ontario Privacy Commission Releases 2003 Annual Report
• U.S. Appeals Court Dismisses Appeal in Microsoft Antitrust Case
• Quebec Court Dismisses Claim of Internet Defamation
• U.S. Court Finds Email Monitoring Does Not Violate Privacy Laws
• United States United Kingdom and Australia Unite to Fight Spam Together
• In Landmark Decision (Tariff 22), Supreme Court of Canada Rules ISPs Not Liable for Copyright Violations by Subscribers

Home > Volume II > Issue 14: July 8, 2004 > U.S. Appeals Court Dismisses Appeal in Microsoft Antitrust Case

U.S. Appeals Court Dismisses Appeal in Microsoft Antitrust Case

The U.S. Court of Appeals for the District of Columbia recently affirmed a District Court judgment that had approved a settlement agreement between the United States, various states and Microsoft. The case began in 1998 when the U.S., the District of Columbia and individual states filed two antitrust complaints in the U.S. District Court (DC) against Microsoft. Following the District Court ruling and the subsequent landmark Appeals Court decision in 2001, which remanded the case back to a different trial judge, the U.S., Microsoft, and various states entered into a settlement agreement. The District Court approved the settlement agreement, holding that the agreement was in the public interest. However, several non-settling states proceeded to trial and the District Court issued a judgment similar to the settlement agreement. The state of Massachusetts, joined by the Computer and Communications Industry Association and the Software and Information Industry Association, appealed the District Court's rulings. In a unanimous ruling, the Appeals Court upheld both the trial decision and the approval of the settlement agreement.

Conversely, after a five-year investigation, the European Commission (EC) issued a decision finding that Microsoft violated the European Union's competition laws by abusing its near monopoly in the markets for PC operating systems and media players. The EC imposed a fine against Microsoft in the amount of 497.2 million Euros, ordered Microsoft to offer a version of its operating system without Windows Media Player, and ordered Microsoft to disclose to competitors information that would allow non-Microsoft work servers to achieve full interoperability with Windows PCs and servers.

For a copy of the Appeals Court ruling, visit:

http://pacer.cadc.uscourts.gov/docs/common/opinions/200406/02-7155a.pdf

For a copy of Microsoft's press release, visit:

http://shorl.com/bofegraprenaru

For a copy of the EC decision, visit:

http://europa.eu.int/comm/competition/antitrust/cases/decisions/37792/en.pdf

For a copy of the EC's press release, visit:

http://shorl.com/bobigufrudrika