Article 2 of 158 News
Microsoft embraces antitrust settlement - Federal judge
approves most of 2001 agreement KEVIN COUGHLIN
11/02/2002 The Star-Ledger Newark, NJ
FINAL Page 001 (c) 2002. The Star-Ledger. All
rights reserved.
After four years of court battles, Microsoft yesterday
appeared to have won its antitrust war with the government.
A federal judge approved most of a settlement reached last
year between the world's largest software company and the
Justice Department.
Nine states sought tougher sanctions than those contained
in the settlement, but U.S. District Judge Colleen
Kollar-Kotelly mostly found their arguments "not supported by
any economic analysis."
The judge even amended the settlement to give Microsoft
some leeway to police itself.
Microsoft can appoint its own compliance board and
director, instead of answering to a technical panel with
Justice Department and industry watchdogs, as previously
recommended.
PAGE 13Settlement conditions will last five years.
State attorneys general did not rule out more appeals,
though legal experts gave them little chance of prevailing.
"We haven't fully digested the opinion yet," said Iowa
Attorney General Tom Miller. "We still have plenty of fight."
Microsoft co-founder Bill Gates, perennially ranked as the
world's richest man, greeted the decision as "a good
compromise and a good settlement."
Chief Executive Steve Ballmer said Microsoft has "learned
and grown" during the legal skirmishes, and pledged to "move
forward as a responsible leader in an industry that is
constantly, constantly changing."
U.S. Attorney General John Ashcroft also hailed the deal,
saying it provides "certainty and stability" to the computer
industry and will enhance competition.
Microsoft stock closed at $53, down 47 cents, before
yesterday's ruling, but rose in after-hours trading.
Kollar-Kotelly's decision requires Microsoft to disclose
some sensitive technology to competitors months earlier than
the settlement initially proposed.
Microsoft cannot cut exclusive deals to hurt rivals, nor
can it retaliate or threaten retaliation against computer
makers who opt for non-Microsoft products.
Computer makers must be offered the same contract terms,
with a few exceptions, and manufacturers and customers must be
free to remove icons for certain Microsoft features.
Microsoft says it already has taken some of these steps.
It's easier for consumers to use rivals' music players and
instant-messaging features, for instance.
Quoting Niccolo Machiavelli, the Renaissance philosopher,
the judge warned Gates and Microsoft to heed the settlement:
"Let it not be said that 'a prince never lacks legitimate
reasons to break his promise,'" Kollar-Kotelly wrote.
The case started as a fight over Internet browsers.
The Justice Department accused Microsoft of illegally
wielding its clout -its Windows operating systems run 90
percent of all personal computers -to give a decisive edge to
Microsoft's Internet Explorer browser over Netscape's
competing product.
Microsoft was found to have broken antitrust laws to
preserve its monopoly over operating systems.
The Clinton administration wanted to split Microsoft in
two, but the breakup was spiked by an appeals court. The Bush
administration pushed for a settlement.
"Overall, I think this is a good decision," said economist
Nicholas Economides of New York University. "If there
are no appeals, it will clear the landscape so everyone will
know the rules of the game."
Microsoft's victory is consumers' loss, countered Robert
Lande, a University of Baltimore law professor. He blamed the
judge's inexperience with antitrust cases and technology for
killing "meaningful choices" in the software market.
"Microsoft violated antitrust laws, and it's going to be
allowed by the Bush administration to get away with it. They
got away with a big one here," the professor said.
Rob Enderle, a research fellow for the Giga Information
Group, said the decision should boost Microsoft's immensely
popular stock. Whether competition ultimately is enhanced may
hinge on how vigorously the deal is enforced, however.
"A lot of people think this is a light slap on the wrist
and won't affect anything," Enderle said.
California, Connecticut, Florida, Iowa, Kansas,
Massachusetts, Minnesota, Utah, West Virginia and the District
of Columbia had opposed the settlement.
Attorneys general from five of those states yesterday tried
to claim partial victory, insisting they held Microsoft's feet
to the fire and helped closed some loopholes in the Oct. 31,
2001, accord.
"We sought more and we got more," said Connecticut Attorney
General Richard Blumenthal. He said yesterday's decision tells
Microsoft it will be held accountable, adding: "The last
chapter has not been written."
Blumenthal said states will seek reimbursement of legal
costs from Microsoft, though he could not specify how much.
The Microsoft case has become a political issue in
Connecticut, where Blumenthal is up for re- election.
AOL Time Warner, which now owns Netscape, is suing
Microsoft for illegal acts that dethroned the browser. Sun
Microsystems also is suing Microsoft, a company with a market
value of $287.6 billion - more than the gross domestic
products of at least 150 countries.
________________________________________________________________________
_____________________ Kevin Coughlin covers technol ogy. He
can be reached at kcough lin@starledger.com or (973) 392-1763.
Star-Ledger wire services contrib uted to this report.
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