FOCUS - 1 of 389 DOCUMENTS 

Copyright 2001 CMP Media, Inc.  

InternetWeek 

September 17, 2001 Monday 

SECTION: NEWS & ANALYSIS; RELOAD; Pg. 10 

LENGTH: 305 words 

HEADLINE: JULY 5, 2001 -- MS Isn't Home Free 

BYLINE: Mitch Wagner and Mary Mosquera 

BODY: 
...relies on achieving interoperability between platforms and applications across the Internet. 
"At the very least, it could slow down development 30 percent," said analyst Rob Enderle of Giga Information Group. As Microsoft attempts to integrate functionality into the operating system, competitors will cry foul and haul Microsoft into court, and Microsoft will be required to make changes or at least explain itself, Enderle said. 
Some disagree. Robert Lande, a University of Baltimore law professor, said behavioral remedies being considered won't affect Microsoft's ability to bundle features into products. Said Lande: "It won't interfere with Microsoft's .Net strategy in any serious way." 
  http://www.internetwk.com/
Copyright 2001 CMP Media LLC

PERSON: ... ROBERT LANDE (67%); ROB ENDERLE (67%);  

FOCUS - 2 of 389 DOCUMENTS

Copyright 2001 NLP IP Company - American Lawyer Media
All Rights Reserved.  
Legal Times

September 10, 2001

LENGTH: 1352 words

HEADLINE: Microsoft's New War
Software Giant Likely to Resist DOJ Restrictions

BYLINE: By Jim Oliphant
American Lawyer Media

BODY:
...for one particular firm," Lenard says. "It gets into all sorts of business and technical decisions that Microsoft can make."
Microsoft almost certainly would be required to establish some sort of reporting mechanism with the government, agreeing to in-house monitors that would certify its compliance with the restrictions.
"A lot of them would require supervision. You could design a bunch of conduct remedies that are really harsh, that Microsoft might prefer a breakup to," says professor Robert Lande of the University of Baltimore School of Law. "It will hamper them. They will be saddled with reports. They'll be transparent. No more secret deals. That would be pain on everyone's part and [the case] would probably wind up back in court given Microsoft's tendencies."
Still, David Balto, an antitrust lawyer in the D.C. office of White & Case, says that Microsoft could learn to live with some of the restrictions. The government, he says, will ...

FOCUS - 3 of 389 DOCUMENTS

Copyright 2001 NLP IP Company - American Lawyer Media
All Rights Reserved.  
Legal Times

September 10, 2001

LENGTH: 1352 words

HEADLINE: Microsoft's New War
Software Giant Likely to Resist DOJ Restrictions

BYLINE: By Jim Oliphant
American Lawyer Media

BODY:
...for one particular firm," Lenard says. "It gets into all sorts of business and technical decisions that Microsoft can make."
Microsoft almost certainly would be required to establish some sort of reporting mechanism with the government, agreeing to in-house monitors that would certify its compliance with the restrictions.
"A lot of them would require supervision. You could design a bunch of conduct remedies that are really harsh, that Microsoft might prefer a breakup to," says professor Robert Lande of the University of Baltimore School of Law. "It will hamper them. They will be saddled with reports. They'll be transparent. No more secret deals. That would be pain on everyone's part and [the case] would probably wind up back in court given Microsoft's tendencies."
Still, David Balto, an antitrust lawyer in the D.C. office of White & Case, says that Microsoft could learn to live with some of the restrictions. The government, he says, will ...

FOCUS - 4 of 389 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

September 10, 2001, Monday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 657 words

HEADLINE: Microsoft settlement may be closer

BYLINE: Paul Davidson

BODY:
...including everything from stock quotes to calendars, may qualify, he says.
Others say the court still can take a wide view of how Microsoft fortifies its monopoly. Tying products enhances Windows' value, Black says, but hampers rival products and makes it tougher for other operating systems to compete.
Antitrust law also permits courts to deny monopolists the "fruits of their illegal conduct," says Bob Lande of the University of Baltimore Law School. If Microsoft illegally maintained its Windows monopoly, it should not be able to use it to seize new markets by tying products to XP, he says.
Another puzzle for the government is that it must figure out how to restore competition in operating systems without a breakup. Prosecutors are renewing consideration of a plan to make Microsoft license Windows to other firms ...

FOCUS - 5 of 389 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

September 10, 2001, Monday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 657 words

HEADLINE: Microsoft settlement may be closer

BYLINE: Paul Davidson

BODY:
...including everything from stock quotes to calendars, may qualify, he says.
Others say the court still can take a wide view of how Microsoft fortifies its monopoly. Tying products enhances Windows' value, Black says, but hampers rival products and makes it tougher for other operating systems to compete.
Antitrust law also permits courts to deny monopolists the "fruits of their illegal conduct," says Bob Lande of the University of Baltimore Law School. If Microsoft illegally maintained its Windows monopoly, it should not be able to use it to seize new markets by tying products to XP, he says.
Another puzzle for the government is that it must figure out how to restore competition in operating systems without a breakup. Prosecutors are renewing consideration of a plan to make Microsoft license Windows to other firms ...

FOCUS - 6 of 389 DOCUMENTS 

Copyright 2001 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

September 7, 2001 Friday FINAL EDITION 

SECTION: TELEGRAPH, Pg. 1A 

LENGTH: 1295 words 

HEADLINE: U.S. drops breakup of Microsoft;
 Agency hopes to order software company to widen code access;
 'Right decision, no surprise';
 Windows XP debut on track; browser case abandoned, too 

BYLINE: Andrew Ratner 

SOURCE: SUN STAFF 

BODY: 
...chug along, as it has throughout the seven years that the government has pursued its investigation and subsequent lawsuit. This week, John Connors, Microsoft's chief financial officer, told analysts that the company would meet revenue expectations for the fiscal year, which ends in June, of roughly $29 billion.
"This certainly was expected. It's a new, more conservative, Republican administration, so most people would have been surprised if they had requested a breakup," said Robert Lande, an antitrust expert and law professor at the University of Baltimore. "The antitrust case of our generation could end with a whimper instead of a bang."
Sun staff writer Stacey Hirsh contributed to this article.  

FOCUS - 7 of 389 DOCUMENTS

Copyright 2001 Burrelle's Information Services  
CBS News Transcripts

SHOW: The Osgood File (Various Times) - CBS

September 7, 2001 Friday

LENGTH: 383 words

HEADLINE: Microsoft not going to be split up

REPORTERS: CHARLES OSGOOD

BODY:
...got the ability to act as the playground bully. And to some extent, this court will put Microsoft in a shorter leash.
OSGOOD: Jim Lucier, an Internet analyst with Prudential Financial.  More after this for Body Solutions.
(Commercial break)
OSGOOD: The judge in the Microsoft case doesn't have to drop the breakup of Microsoft just because the Department of Justice wants him to, but he will, says University of Baltimore antitrust lawyer Bob Lande.
Professor BOB LANDE: If DOJ and the states don't ask for it to be broken up, then it certainly won't be broken up.  The judge is not going to implement more vigorous relief than the government asks for.
OSGOOD: There may have been fear in the department that Microsoft might turn out to be Humpty Dumpty and that all the king's horses and all the king's men couldn't put Humpty or the US economy together again.  But that's not it, ...

PERSON: 
CHARLES OSGOOD (95%); BOB LANDE (84%); GLENN MANISHIN (60%); JIM LUCIER (55%); 

FOCUS - 8 of 389 DOCUMENTS

Copyright 2001 McClatchy Newspapers, Inc.  
Modesto Bee

September 7, 2001, Friday, FIRST EDITION

SECTION: A; Pg. A1

LENGTH: 954 words

HEADLINE: MICROSOFT BREAKUP AVERTED VIOLATIONS WILL INCUR OTHER PENALTIES, WHITE HOUSE SAYS

BYLINE: BY LES BLUMENTHAL, BEE WASHINGTON BUREAU

DATELINE: WASHINGTON

BODY:
...necessary, especially in the absence of breakup."
A coalition of Microsoft competitors backing the lawsuit said it was pleased that the Justice Department has decided Windows XP should be part of any final remedies package.
"That product represents new violations of (antitrust law) and Windows XP also violates the 1995 consent decree between Microsoft and the government," the Project to Promote Competition and Innovation in the Digital Age said in a statement.
Bob Lande, a professor at the University of Baltimore's School of Law who has been following the case, said the Justice Department clearly hopes to include Window's XP in the lawsuit.
"You can imply from the last paragraph in their press release that it's on the table," Lande said.
STATES AGREED TO RELENT
Given that Republican administrations are generally more lenient when it comes to antitrust issues, Lande said he was not surprised by its ...

PERSON: 
BOB LANDE (64%); JOHN DAVID ASHCROFT (53%); 

FOCUS - 9 of 389 DOCUMENTS

Copyright 2001 McClatchy Newspapers, Inc.  
Modesto Bee

September 7, 2001, Friday, FINAL, THIRD, SECOND EDITION

SECTION: A; Pg. A1

LENGTH: 576 words

HEADLINE: MICROSOFT BREAKUP AVERTED VIOLATIONS WILL INCUR OTHER PENALTIES, WHITE HOUSE SAYS

BYLINE: BY LES BLUMENTHAL, BEE WASHINGTON BUREAU

DATELINE: WASHINGTON

BODY:
...Microsoft's October release of the Windows XP operating system, the Justice Department said it would ask the court for a "period of expedited discovery to investigate developments ... since the trial concluded, and to evaluate whether additional
conduct-related provisions are necessary ... in the absence of breakup."
A coalition of Microsoft competitors backing the lawsuit said it was pleased that the department decided Windows XP should be part of any final remedies package.
Bob Lande, a professor at the University of Baltimore's School of Law, said the Justice Department clearly hopes to include Window's XP in the lawsuit.
Lande said he was not surprised by the administration's decision to drop the breakup effort, but Lande said he was surprised that the 18 states agreed.
Lande said he assumed Thursday's decision was reached by James as head of the department's antitrust division without pressure from Ashcroft or the White ...

PERSON: 
BOB LANDE (74%); JOHN DAVID ASHCROFT (53%); 

FOCUS - 10 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

September 7, 2001, Friday

LENGTH: 1235 words

HEADLINE: White House Imprint On Pulled Microsoft Breakup Bid?

BYLINE: Brian Krebs; Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...table.
"In that new political atmosphere since the appeals court decision,  I suspect (Clinton administration antitrust chief) Joel Klein would  have made the same decision," Gellhorn said. "The only real  difference is, in my view, the Clinton administration was much more  willing to try out untested theories and push the limits, and I  think the people in the Bush antitrust departments are simply not  going to be that aggressive."
Bob Lande, a professor at the University of Baltimore Law School and  director of the American Antitrust Institute, said the breakup  reversal probably doesn't come as a surprise to many.
"The election in November put in more conservative people in the  Justice Department, who have philosophical differences with the  previous administration. To me, that alone explains the lack of  desire to break up Microsoft," Lande said. "The fact that the states  didn't insist on ...

PERSON: 
BOB LANDE (60%); 

FOCUS - 11 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

SEPTEMBER 7, 2001, FRIDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 1038 words

HEADLINE: Windows XP changes possible;

All sides await next U.S. move

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...XP could face a range of restrictions if government regulators rely on Jackson's remedy road map.
 "In almost all (antitrust) cases, the remedies have been much more onerous than what the breakup would have been," said Enderle.
 However, most observers agree any curbs may not take effect until next year.
 "Unless there's a settlement, it looks like XP is going ahead for the foreseeable future," said Bob Lande, a professor of antitrust law at the University of Baltimore. If restrictions are put in place, "we may see changes to the product six months from now."
 In his June 2000 order, Jackson outlined a slew of curbs on Microsoft's business practices. Among them: requiring uniform Windows pricing agreements with computer manufacturers; barring Microsoft from prohibiting computer-makers from altering the desktop; and disclosing the source code for ...

FOCUS - 12 of 389 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

September 7, 2001, Friday FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1430 words

HEADLINE: WAY PAVED TO MICROSOFT ACCORD
JUSTICE'S DECISION TO DROP BREAKUP BID COULD BRING END TO 3-YEAR-OLD CASE

BYLINE: DAN RICHMAN P-I reporter

BODY:
...industry worry that halting or changing the operating system will hurt them. Last quarter Microsoft got about 30 percent of its sales from versions of Windows for the PC, said Dave Brady, who helps manage the Stein Roe Young Investor fund.
PCs  using Windows XP will start appearing later this month, and the operating system is set to begin retail sales on Oct. 25.
But Bob Lande, a University of Baltimore law professor, said regulating Windows XP will be difficult under rulings  in the case so far.
"Merely showing bundling of new features isn't enough" to create antitrust liability, said Lande, who favors a stiff penalty for the company. He said that to affect Windows XP, the government must prove two points:
Forbidding the bundling of a given product - ...

FOCUS - 13 of 389 DOCUMENTS

Copyright 2001 Ventura County Star  
Ventura County Star (California)

September 7, 2001 Friday

SECTION: News; Pg. A01

LENGTH: 1018 words

HEADLINE: U.S. government drops attempt to break up Microsoft

BYLINE: Les Blumenthal; McClatchy Newspapers

BODY:
...necessary, especially in the absence of breakup."
A coalition of Microsoft competitors backing the lawsuit said it was pleased the Justice Department has decided Windows XP should be part of any final remedies package.
"That product represents new violations of (antitrust law) and Windows XP also violates the 1995 consent decree between Microsoft and the government," the Project to Promote Competition and Innovation in the Digital Age said in a statement.
Bob Lande, a professor at the University of Baltimore's School of Law who has been following the case, said the Justice Department clearly hopes to include Window's XP in the lawsuit.
"You can imply from the last paragraph in their press release that it's on the table," Lande said.
Given that Republican administrations are generally more lenient when it comes to antitrust issues, Lande said he was not surprised by its decision to drop the effort to ...

FOCUS - 14 of 389 DOCUMENTS

Copyright 2001 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

September 6, 2001 Thursday

SECTION: NEWS & COMMENTARY; MARKETS

LENGTH: 1259 words

HEADLINE: U.S. won't seek Microsoft breakup

BYLINE: William L. Watts, CBS.MarketWatch.com;  mailto:bwatts@marketwatch.com; William L. Watts is a reporter for CBS.MarketWatch.com.

BODY:
...Miller, who has helped lead the efforts of the 18 states that have joined the federal suit, in a statement.
Antitrust experts weren't surprised by the decision to drop efforts to break up Microsoft.
"I'm not surprised that (DOJ antitrust chief) Charles James isn't going to go for a breakup. That was the conventional wisdom all along" given the switch to a more conservative, Republican administration, said Robert Lande, a professor at University of Baltimore School of Law.
Lande said he was more surprised by the willingness of state attorneys general to go along with the strategy. State prosecutors had previously indicated they would continue to press for a breakup.
"We've got to assume they calculated the dynamics," concluding that the possibility of successfully pursuing a breakup was significantly lessened without the federal government's support, he said.
 
DOJ: Not a concession ...

FOCUS - 15 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

SEPTEMBER 1, 2001, SATURDAY, FINAL EDITION

SECTION: BUSINESS; Pg. E1

LENGTH: 622 words

HEADLINE: U.S. argues for denial of Microsoft bid

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...Jim Desler.
 The Supreme Court is expected to decide whether to take the case by early October.
 Legal experts give Microsoft little chance of prevailing, in part because the appeals court said Microsoft "misconstrued" the requirements necessary to overturn all of Jackson's findings.
 "Microsoft is asking the Supreme Court to second-guess the court of appeals' balancing of the issues, and that's the kind of thing the Supreme Court likes to delegate to the lower courts," said Bob Lande, an antitrust law professor at the University of Baltimore.
 While the high court ponders the matter, legal machinations continue both here and abroad.
 This week, the case's new judge -- U.S. District Judge Colleen Kollar-Kotelly -- ordered a Sept. 21 hearing to discuss the case's schedule and remaining issues.
 Also this week, the European Union stepped up a probe into Microsoft's allegedly anticompetitive practices. EU officials ...

FOCUS - 16 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

AUGUST 31, 2001, FRIDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 1150 words

HEADLINE: EU levels guns at Microsoft

SOURCE: Chronicle Staff and News Services

DATELINE: Brussels

BODY:
...may bolster the plaintiffs' hopes of gaining more at the bargaining table," said Hillard Sterling, a Chicago antitrust attorney who has closely followed the case. "Microsoft, however, will rebuke any attempt to limit its rights in developing these Internet technologies," Sterling said. "That action, therefore, may harden both parties' positions and make it more difficult to find common ground."
 Settlement "isn't their style" said Bob Lande, a University of Baltimore antitrust law professor. "Microsoft operates as full steam ahead, business as usual. They pretend there's no antitrust lawsuit going on."
 European Union competition law is in some respects more restrictive than U.S. antitrust law -- and if Microsoft is found to violate it by bundling Windows Media Player, it could be required to exclude the application from future European versions of Windows, said Dana ...

FOCUS - 17 of 389 DOCUMENTS

Copyright 2001 N.Y.P. Holdings, Inc. All rights reserved.  
The New York Post

August 30, 2001, Thursday

SECTION: All Editions; Pg. 031

LENGTH: 302 words

HEADLINE: NEW MICROSOFT JUDGE DIGS IN THE SPURS

BYLINE: Joseph Gallivan

BODY:
...expedite the suit - without realizing the court order had already gone out the night before. The court filed a second order yesterday clarifying the dates.
The Justice Department had said it would have the status conference any day "except Sept. 5 and Sept. 7."
"Judge Jackson's findings of fact alone were 125 pages. Then, even to skim the transcripts is a massive undertaking," said University of Baltimore Law Professor Bob Lande.
Lande said the judge has "tremendous power over both parties," but might find it just as hard as Judge Thomas Penfield Jackson - who even brought in Judge Richard Posner - to get both sides to settle.
"I'd be surprised if they settled," said Lande. "I think there'll be a remedy."
Andy Gavil, a law professor at Howard University, said yesterday's order was ...

FOCUS - 18 of 389 DOCUMENTS 

Copyright 2001 Financial News 

Financial News 

August 27, 2001 

SECTION: Other Section: Weekend Newspaper Digest 

LENGTH: 484 words 

HEADLINE: Microsoft 

BODY: 
...Windows XP will help spark demand for computers. The worldwide market is expected to decline by 3% to 5% this year, its first fall in 15 years. 
The Guardian 
Traditional wisdom is that Democratic appointments are more likely to support the government's case against large businesses. However, most legal experts say that the selection of Judge Kollar-Kotelly was not necessarily a bad sign for Microsoft. 
Professor Robert Lande at the University of Baltimore cited the handling of the earlier hearing by Judge Thomas Penfield Jackson. 
The case was returned to the district level by the US appeals court in June after it removed Judge Jackson for his unethical behaviour. Judge Jackson criticised Microsoft in several US publications after the trial. Jim Desler, a spokesman for Microsoft, refused to comment on the selection of ...

FOCUS - 19 of 389 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

August 27, 2001, Monday, FINAL EDITION

SECTION: MONEY; Pg. 2B

LENGTH: 537 words

HEADLINE: New Microsoft judge assigned

BYLINE: Paul Davidson

BODY:
...a 1999 lawsuit by banks seeking to limit membership in credit unions.
"She's not an ideologue," says Washington lawyer John McDermott, who has argued two cases before her. "She's very common-sensical, organized and deliberate. It's, 'What evidence do you have?' "
It's risky to predict judges' leanings based on party affiliation. Jackson, a conservative appointee of President Reagan, slammed Microsoft in his ruling, notes Bob Lande of University of Baltimore School of Law.
"I've got to think the Justice Department is feeling better than Microsoft" about the selection, says Washington lawyer Keith Shugarman.
Meanwhile, at a rally at Microsoft's Redmond, Wash., campus, company Chairman Bill Gates and Windows group Vice President Jim Allchin delivered gold ready-for-manufacturing disks of Windows XP to representatives from computer makers IBM, ...

FOCUS - 20 of 389 DOCUMENTS

Copyright 2001 Guardian Newspapers Limited  
The Guardian (London)

August 25, 2001

SECTION: Guardian City Pages, Pg. 26

LENGTH: 413 words

HEADLINE: Crimebuster will sit in judgment of Microsoft

BYLINE: Jane Martinson in New York

BODY:
...worked for the criminal division of the justice department for three years until 1972. She was appointed to the US court of appeals by President Clinton in 1997.
 Traditional wisdom is that Democratic appointments are more likely to support the government's case against large businesses. However, most le gal experts said yesterday that the selection of Judge Kollar-Kotelly was not necessarily a bad sign for Microsoft.
 Professor Robert Lande at the University of Baltimore cited the handling of the earlier hearing by Judge Thomas Penfield Jackson. "If you had asked me four years ago whether a lifelong Republican and very conservative man would have supported the government, I would have said no."
 The case was returned to the district level by the US appeals court in June after it removed Judge Jackson for his unethical behaviour. Judge Jackson criticised Microsoft in several ...

FOCUS - 21 of 389 DOCUMENTS

Copyright 2001 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
San Jose Mercury News

August 25, 2001, Saturday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K1475

LENGTH: 979 words

HEADLINE: Judge assigned to devise remedy for Microsoft abuses

BYLINE: By Heather Fleming Phillips

BODY:
"It's a really tough task," said Robert Lande, a professor at the University of Baltimore who teaches antitrust law. "She has a lot of discretion to propose a remedy."
The next step will be for Kollar-Kotelly to set a schedule for briefs to be filed and eventually hearings to be held in the Microsoft case. There was no immediate indication of when that schedule would be set.
Kollar-Kotelly's record on antitrust matters is a virtual blank slate.
She approved a ...

FOCUS - 22 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

AUGUST 25, 2001, SATURDAY, FINAL EDITION

SECTION: BUSINESS; Pg. C1

LENGTH: 855 words

HEADLINE: New judge appointed for Microsoft case

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
 Although Kollar-Kotelly, 58, has a reputation as a meticulous jurist, she has little experience in antitrust cases, say legal pundits.
 "She's not an antitrust specialist, and as far as we know she's not a high-tech junkie either," said Bob Lande, an antitrust law professor at the University of Baltimore. "She's going to have to do a lot of work to get up to speed."
 Kollar-Kotelly was selected randomly from a pool of 17 judges, just hours after the case transferred from the U.S. Court of Appeals for the District of Columbia.
 Hours later, in a flashy ceremony at its Redmond, Wash., headquarters, Microsoft handed master copies of Windows XP to six ...

FOCUS - 23 of 389 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

August 25, 2001, Saturday FINAL

SECTION: NEWS, Pg. A1

LENGTH: 906 words

HEADLINE: ANTITRUST CASE IN 'DISCREET' HANDS
BUT NEW DISTRICT COURT JUDGE FOR MICROSOFT A NOVICE IN SUCH CASES

BYLINE: CHARLES POPE P-I Washington correspondent

DATELINE: WASHINGTON

BODY:
That task now falls to Kollar-Kotelly, who was appointed in 1997 by President Clinton and who's had only a glancing contact with antitrust cases, forcing lawyers and legal analysts to scurry for insight into how she might handle the high-profile, bitterly fought case.
"On the basis of antitrust cases (she's handled), you really can't tell anything about judicial philosophy," said Bob Lande, an authority on antitrust law and a professor at the University of Baltimore law school.
One person in the legal community who knows Kollar-Kotelly well, but who asked not to be named, described her as "level-headed, meticulous and very thoughtful."
And as a counterpoint to Jackson, the associate said Kollar-Kotelly "is extremely discreet. I honestly cannot think of a bad thing to say about her." ...

FOCUS - 24 of 389 DOCUMENTS 

Copyright 2001 The Washington Post 

 The Washington Post 

August 25, 2001, Saturday, Final Edition 

SECTION: FINANCIAL; Pg. E01 

LENGTH: 1113 words 

HEADLINE: Judge Selected to Take Over Microsoft Case 

BYLINE: Jonathan Krim and Carrie Johnson, Washington Post Staff Writers 

BODY: 
...it was coincidence that the gold discs were given to PC manufacturers on the same day that the new judge was assigned to the case. He said the general schedule for bringing XP to market had been set for some time and is consistent with previous releases of Windows. 
 But some legal observers were struck by the timing. 
 "It looks like Microsoft is in total disregard of the fact that there's an antitrust case going on," said Bob Lande, an antitrust professor at the University of Baltimore School of Law. "If they keep this up, they risk alienating the new judge, and Charles James," the recently appointed head of the antitrust division at the Justice Department, which is prosecuting the case. 
 Andrew Gavil, a professor specializing in antitrust law at Howard University, wondered if the XP release was intended to distract public attention from the fact that "it's now judgment time in the ...

FOCUS - 25 of 389 DOCUMENTS

Copyright 2001 The Deal L.L.C.  
Daily Deal (New York, NY)

August 24, 2001 Friday

SECTION: CORPORATE RESTRUCTURING

LENGTH: 958 words

HEADLINE: New judge appointed to Microsoft case

BYLINE: by Jaret Seiberg

BODY:
...monopoly power. But that order was overturned by the appeals court, which said Jackson should have held a hearing on remedies. The appeals court also struck down some of Jackson's findings of antitrust violations.
It is unclear if the government will again ask for a break up. Other potential remedies include restrictions on Microsoft's conduct or the required licensing of computer code.
"That is one of the $64,000 questions," said Robert Lande, a professor at the University of Baltimore law school. "The conventional wisdom is that a conservative Republican would not ask for a break up. But the more you deal with Microsoft, the more angry you get with their conduct. So you wonder if at some point Microsoft will drive the Justice Department to the point where they go for a break up."
Judges are assigned randomly by the clerk's office, but lawyers ...

FOCUS - 26 of 389 DOCUMENTS

Copyright 2001 NLP IP Company - American Lawyer Media
All Rights Reserved.  
Legal Times

August 20, 2001

SECTION: INADMISSIBLE; Pg. 03

LENGTH: 1278 words

HEADLINE: Inadmissible

BODY:
...not strike antitrust experts as unusual-Microsoft can now ask the Supreme Court directly for a stay-they did find the language fairly stern. "It would have been simple for them to issue a form order that the motion was denied," says David Balto of the D.C. office of White &Case. The order, Balto adds, "is a pretty strong signal that [the underlying decision] was not a close call." Adds Professor Robert Lande of the University of Baltimore School of Law: "It's as if they're getting annoyed with Microsoft." But James Gattuso of the Competitive Enterprise Institute, a company sympathizer, says, "I think Microsoft probably knew that a stay was a long shot." -Jonathan Ringel
 
Stem Sale
Four days after President George W. Bush agreed to fund some stem cell research, lawyers for the University of Wisconsin ...

FOCUS - 27 of 389 DOCUMENTS

Copyright 2001 American Lawyer Media  
The Legal Intelligencer

August 20, 2001 Monday

SECTION: NATIONAL NEWS ; micro; Pg. 4

LENGTH: 521 words

HEADLINE: Microsoft RequestFor Delay ' Bothers' U. S. Appeals Court

BYLINE: By Jonathan Ringel, American Lawyer Media

BODY:
...experts as unusual Microsoft can now ask the Supreme Court directly for a stay they did find the language fairly stern."It would have been simple for them to issue a form order, that the motion was denied," says antitrust expert David Balto of the D.C. office of White & Case.The court's response, Balto adds, "is a pretty strong signal that [the underlying decision] was not a close call."Says Professor Robert Lande of the University of Baltimore School of Law: "It's as if they're getting annoyed with Microsoft." Lande is the director of a D.C.-based antitrust law group that has been critical of Microsoft.James Gattuso of the Competitive Enterprise Institute, a free-market organization sympathetic to the company, says, "It's not surprising the court of appeals would stand by its opinion."

FOCUS - 28 of 389 DOCUMENTS

Copyright 2001 American Lawyer Media, L.P.  
The Recorder

August 20, 2001, Monday

SECTION: NEWS; PG. 3

HEADLINE: MICROSOFT'S BID TO DELAY ANTITRUST CASE IS DENIED

BODY:
...unusual - Microsoft can now ask the Supreme Court directly for a stay - they did find the language fairly stern. "It would have been simple for them to issue a form order, that the motion was denied," says antitrust expert David Balto of the Washington, D.C., office of White & Case. The court's response, Balto adds, "is a pretty strong signal that the underlying decision was not a close call." Says professor Robert Lande of the University of Baltimore School of Law: " It's as if they're getting annoyed with Microsoft." Lande is the director of a D.C.-based antitrust law group that has been critical of Microsoft. James Gattuso of the Competitive Enterprise Institute, a free-market organization sympathetic to the company, says, "It's not surprising the court of appeals would stand by its opinion."

PERSON: 
THOMAS PENFIELD JACKSON (75%); ROBERT LANDE (58%); DAVID BALTO (55%); 

FOCUS - 29 of 389 DOCUMENTS

Copyright 2001 Daily News, L.P.  
Daily News (New York)

August 18, 2001, Saturday SPORTS FINAL EDITION

SECTION: BUSINESS; Pg. 15

LENGTH: 383 words

HEADLINE: MICROSOFT DEALT DEFEAT BY COURT, PENALTIES LOOM

BYLINE: BY RACHEL SCHEIER DAILY NEWS BUSINESS WRITER

BODY:
...court said that Microsoft had failed to show that any "substantial harm" would come out of sending the case back to a lower court to move forward.
The court seemed particularly annoyed with Microsoft's argument that the decision against it should be thrown out completely simply because the trial judge, Thomas Penfield Jackson, criticized the company in the press.
"The court of appeals saw this as a simple delaying tactic by Microsoft," said Bob Lande, a law professor at the University of Baltimore.
The court ruled that the case be returned to district court in seven days, where a new judge will be picked randomly to decide penalties against the company. Judge Jackson had ordered the company split in two, but that order was reversed by the appeals court in June.
So the new penalties could consist of anything from small changes in Microsoft's business ...

FOCUS - 30 of 389 DOCUMENTS

Copyright 2001 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
San Jose Mercury News

August 18, 2001, Saturday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K6725

LENGTH: 884 words

HEADLINE: Appeals court won't delay Microsoft case

BYLINE: By Heather Fleming Phillips

BODY:
...case.
Next Friday the appeals court will officially send the case back to the district court, which will make a random assignment from a pool of about 11 judges. That judge will set a schedule for legal briefs and hearings to decide an appropriate punishment, a process that could take several months.
The new judge will have "tremendous flexibility" in deciding how to proceed, said Robert Lande, a law professor with the University of Baltimore who has been following the case closely. "They can do whatever they think is appropriate."
Representatives from the Justice Department and the 18 states prosecuting the case said they were pleased that the appeals court rejected the delay.
Microsoft spokesman Jim Desler said the company was "prepared to move ahead to get the remaining issues in the case resolved while we await word on Supreme Court review."
Both sides also have ...

FOCUS - 31 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

AUGUST 18, 2001, SATURDAY, FINAL EDITION

SECTION: NEWS; Pg. A1

LENGTH: 1013 words

HEADLINE: Microsoft loses bid to delay case;

Judge will rule on ways to remedy firm's practices

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...spearheaded the states' efforts -- declined to say whether they would seek to block or alter Windows XP. In his original order, Jackson called not only for a structural remedy, but "conduct" remedies, or restrictions on Microsoft's business practices.
 While some observers say remedy hearings will start there, they may wind toward splitting Microsoft in two.
 "A breakup is still on the table," said Bob Lande, an antitrust law professor at the University of Baltimore.
 The new Bush administration antitrust chief, Charles James, may come to the conclusion "that conduct remedies won't work, that Microsoft is too slippery and a breakup is the only solution."
 Microsoft stock dropped more than 4 percent, or $2.74, closing at $61.88 yesterday.
-----------------------------------------------------------
 The case at a glance
 -- What the court did: Rejected Microsoft's request to delay hearing the antitrust case ...

FOCUS - 32 of 389 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

August 18, 2001, Saturday FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1274 words

HEADLINE: MICROSOFT DELAY REQUEST DENIED;
JUDGES REPROACH TACTIC; REMEDY PART OF ANTITRUST CASE COULD BEGIN NEXT WEEK

BYLINE: DAN RICHMAN P-I reporter

BODY:
...substantial harm that would result from the reactivation of proceedings in the district court," it wrote.
In a reproach, the court continued, "For reasons stated (by the government) ... it appears that Microsoft has misconstrued our opinion, particularly with respect to what would have been required to justify vacating the district court's opinion."
"It's pretty clear (the appeals court) saw this as nothing more than a Microsoft delaying tactic," said University of Baltimore antitrust professor Bob Lande, "and they weren't going to let Microsoft get away with it."
The company was adjudged an illegal monopolist in June 2000 by U.S. District Judge Thomas Penfield Jackson, who ordered it broken in half.
In its review request, Microsoft has told the Supreme Court that Jackson was so biased against the company that his conclusions should be discarded.
In a ruling June 28, the appeals court virtually ...

FOCUS - 33 of 389 DOCUMENTS

Copyright 2001 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

August 17, 2001 Friday

SECTION: NEWS & COMMENTARY; ECONOMY AND POLITICS

LENGTH: 840 words

HEADLINE: Appeals court won't delay Microsoft hearing

BYLINE: William L. Watts, CBS.MarketWatch.com;  mailto:bwatts@marketwatch.com; William L. Watts is a reporter for CBS.MarketWatch.com.

BODY:
...delay had appeared remote.
Microsoft is scheduled to formally launch its Windows XP upgrade on Oct. 25. The company's critics have charged that Microsoft is seeking a long-shot appeal and employing other legal tactics in an effort to protect the XP launch from possible court-ordered restrictions.
"It looks like the Court of Appeals saw this (Microsoft request) as nothing more than a delaying tactic," said Robert Lande, a professor at University of Baltimore Law School.
Microsoft officials have repeatedly said they want to move the case along as quickly as possible.
In Friday's order, the appeals court said it appeared Microsoft had "misconstrued" its opinion regarding "what would have been required to justify vacating the district court's findings of fact and conclusions of law..."
Lande said it appeared the court went out of its way to criticize Microsoft's assessment of the bias ...

FOCUS - 34 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

August 17, 2001, Friday

LENGTH: 706 words

HEADLINE: Judges Deny Microsoft Trial Delay Request - Update

BYLINE: Brian Krebs; Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...committed and open to resolving the remaining issues  quickly through settlement, Desler said.
But many believe Microsoft wants anything but a quick resolution  in the case, and have accused the company of using every legal  tactic at its disposal to stall the case as long as possible.
This is a strongly worded slam Microsoft and maybe the court of  appeals is trying to nudge them a little bit toward reality, said  Bob Lande, a law professor at the University of Baltimore.
If you look at Microsoft's actions in the last couple of months since the  court of appeals decision," Lande said, "it has pursued the same tactic  of full steam ahead and of delaying things. I just wonder if Microsoft has  gotten the message yet that they violated the law and that they're  going to have to put some serious concessions on the table.
Reported by Newsbytes.com, ...

FOCUS - 35 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

AUGUST 17, 2001, FRIDAY, EDITION: PM = EDITION

SECTION: NEWS; Pg. A1

LENGTH: 827 words

HEADLINE: Microsoft rebuffed in bid to delay antitrust ruling

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...last week in its brief argument against the stay. Microsoft's new program is "the next generation of its monopoly operating system," the filing stated.
 The appeals court's decision was widely expected by legal observers, several of whom think Microsoft is stalling in order to protect Windows XP's release.
 "It's pretty clear that they saw this as nothing more than a Microsoft delaying tactic," said University of Baltimore law Professor Bob Lande, "and they weren't going to let Microsoft get away with it."
 Others lambasted the appeals jurists' ruling, arguing that the longer Jackson's findings stand, the the greater the harm to the high-tech industry.
 "We remain concerned that the erroneous and harmful rules issued by Judge Jackson remain unsettled and may find their way into any remedy proceeding," said the Association for Competitive Technology, a pro-Microsoft trade group. "We must ...

FOCUS - 36 of 389 DOCUMENTS

Copyright 2001 Madison Newspapers, Inc.  
Capital Times (Madison, WI)

August 9, 2001 Thursday, ALL Editions

SECTION: TECH; BITS AND BYTES; Pg. 1E

LENGTH: 378 words

HEADLINE: NEW MICROSOFT XP PCS MAY COME EARLY

BODY:
SEATTLE -- ALTHOUGH THE OFFICIAL LAUNCH DATE FOR WINDOWS XP ISN'T UNTIL OCT. 25, SOME COMPUTERS EQUIPPED WITH MICROSOFT'S NEW OPERATING SYSTEM LIKELY WILL BE AVAILABLE A FEW WEEKS EARLY, RAISING CONCERNS THAT MICROSOFT MAY BE TRYING TO PRESSURE LAWMAKERS NOT TO BLOCK XP'S RELEASE.
It would let Microsoft argue that any move to stop shipment would hurt innocent companies, said Bob Lande, a University of Baltimore law professor.
"If there is a legal challenge to Windows XP, they can say to the judge that one of the inequities is You're not just going to inconvenience us,' " Lande said.

PERSON: 
HARRY FENIK (78%); BOB LANDE (62%); 

FOCUS - 37 of 389 DOCUMENTS

Copyright 2001 Chattanooga Publishing Company  
Chattanooga Times Free Press (Tennessee)

August 9, 2001 Thursday

SECTION: BUSINESS; Pg. C2

LENGTH: 445 words

HEADLINE: PC makers may ship Microsoft system early

BYLINE: The Associated Press

BODY:
But by making some machines available early, Microsoft may be trying to pressure lawmakers not to block the release, said University of Baltimore law professor Bob Lande.
It would let Microsoft argue that any move to stop shipment would hurt innocent companies, he said.
"If there is a legal challenge to Windows XP, they can say to the judge that one of the inequities is you're not just going to inconvenience us," Lande said.
Compaq spokesman Dave Albritton said the company had made deals with Microsoft in the past where it offered a new system a few weeks ahead of ...

PERSON: 
DAVE ALBRITTON (57%); BOB LANDE (57%); MATT PILLA (57%); 

FOCUS - 38 of 389 DOCUMENTS

Copyright 2001 Chicago Tribune Company  
Chicago Tribune

August 9, 2001 Thursday, NORTH SPORTS FINAL EDITION

SECTION: Business; Pg. 2; ZONE: N; THE TICKER.

LENGTH: 107 words

HEADLINE: MICROSOFT: PCs with Windows XP may be out early

BYLINE: Associated Press.

DATELINE: SEATTLE

BODY:
But by making some machines available early, Microsoft may be trying to pressure lawmakers not to block the release, said University of Baltimore law professor Bob Lande.
It would let Microsoft argue that stopping shipments would hurt innocent companies, Lande said.

PERSON: 
BOB LANDE (72%); 

FOCUS - 39 of 389 DOCUMENTS

Copyright 2001 The Seattle Times Company  
The Seattle Times

August 9, 2001, Thursday Fourth Edition

SECTION: ROP ZONE; Business; Pg. C1

LENGTH: 713 words

HEADLINE: XP debut may be 1 month early
Competitors question timing while Microsoft antitrust case unresolved

BYLINE: Brier Dudley; Seattle Times technology reporter

BODY:
...said XP is going through the same process as earlier operating systems. "So far the process has pretty much mirrored what I saw in (Windows) 2000 and ME," he said.
Even if XP's schedule was moved up to avoid the injunction that some competitors have called for, the strategy may not work. A judge could impose an injunction even after XP has gone on sale in stores, said Bob Lande, a University of Baltimore antitrust law professor.
"I could imagine an injunction in November, for instance, when there have been some XPs sold but not 100 percent of the market has been converted to XP," he said.
Brier Dudley can be reached at 206-515-5687 or bdudley@seattletimes.com.

FOCUS - 40 of 389 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

August 9, 2001, Thursday FINAL

SECTION: NEWS, Pg. A1

LENGTH: 661 words

HEADLINE: COMPAQ BUMPS UP WINDOWS SHIP DATE;
COMPUTER MAKER HOPES TO BOOST SALES, DODGE COURT ACTIONS

BYLINE: DAN RICHMAN P-I reporter

BODY:
...said Microsoft told PC makers they could ship Windows XP-based machines early, in an attempt to make it harder for a court or government agency to halt the sale of the software.
"If there is a legal challenge to Windows XP, they can say to the judge that one of the inequities is you're not just going to inconvenience us" but also innocent companies, said University of Baltimore antitrust law professor Bob Lande.
The reports quoted Compaq's Albritton as saying the company "has made deals" with Microsoft in the past where it offered a new system a few weeks ahead of schedule. The final decision, however, "has always been up to Microsoft," the reports quoted him as saying.
But Microsoft spokesman Jim Cullinan denied the company has any influence over when computer makers ship their products.
"There is no negotiation over when they ship the boxes, and they all get the ...

FOCUS - 41 of 389 DOCUMENTS 

Copyright 2001 Agence France Presse 

Agence France Presse 

August 8, 2001 Wednesday 

SECTION: Domestic, non-Washington, General News 

LENGTH: 532 words 

HEADLINE: Microsoft appeal boosts stock, angers industry 

BYLINE: DAVID WILLIAMS 

DATELINE: WASHINGTON, Aug 8 

BODY: 
...may be a boost to the industry but the fact that Microsoft is shipping a product that is clearly in violation of anti-trust laws cannot be changed by the fact that the industry wants the product to boost sales," he said. 
"We believe that in the long run it is going to be important to correct the competitive imbalance in our industry. That is far more important than worrying about a ship date for any single product." 
Robert Lande, a law professor at University of Baltimore, agreed that Microsoft's appeal to the Supreme Court was unlikely to succeed. "The delay works for Microsoft and their release of XP," he said. 
Microsoft asked the Supreme Court Tuesday effectively to overturn last year's original District Court ruling. 
It said the federal appeals court failed to go far enough in June when it threw out the judge's order for the ...

FOCUS - 42 of 389 DOCUMENTS 

Copyright 2001 Agence France Presse 

Agence France Presse 

August 8, 2001 Wednesday 

SECTION: Financial Pages 

LENGTH: 551 words 

HEADLINE: Microsoft appeal angers industry 

BYLINE: DAVID WILLIAMS 

DATELINE: WASHINGTON, Aug 8 

BODY: 
...XP may be a boost to the industry but the fact that Microsoft is shipping a product that is clearly in violation of antitrust laws cannot be changed by the fact that the industry wants the product to boost sales," he said. 
"We believe that in the long run it is going to be important to correct the competitive imbalance in our industry. That is far more important than worrying about a ship date for any single product." 
Robert Lande, a law professor at University of Baltimore, agreed that Microsoft's appeal to the Supreme Court was unlikely to succeed. "The delay works for Microsoft and their release of XP," he said. 
Microsoft asked the Supreme Court Tuesday effectively to overturn last year's ruling by Jackson. 
It said a federal appeals court failed to go far enough in June when it threw out the judge's order for the ...

FOCUS - 43 of 389 DOCUMENTS 

Copyright 2001 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

August 8, 2001 Wednesday FINAL EDITION 

SECTION: TELEGRAPH, Pg. 1A 

LENGTH: 986 words 

HEADLINE: Microsoft appeals to high court;
 Software giant seeks reversal of monopoly ruling;
 Judge accused of bias;
 Issues addressed in first appeal, says Justice Department 

BYLINE: Thomas Healy 

SOURCE: SUN NATIONAL STAFF 

BODY: 
...ruled in the company's favor in the past.
Its strategy appeared to pay off. The Supreme Court declined to accept the case. And the appeals court issued a decision in June that was seen as a victory for Microsoft because it overturned Jackson's order to split up the company.
Now Microsoft is asking the Supreme Court to get involved, and legal experts expressed mixed views yesterday of its chances for success. 
Robert Lande, a law professor at the University of Baltimore, said he thought it unlikely that the Supreme Court would agree to hear Microsoft's appeal. He said the issue of whether Jackson's conduct was so egregious that his entire ruling should be thrown out is "not important enough for the Supreme Court to spend its time on."
"I think this whole thing is a delaying tactic by Microsoft," Lande added. "The court is not likely to take ...

FOCUS - 44 of 389 DOCUMENTS

Copyright 2001 Globe Newspaper Company  
The Boston Globe

August 8, 2001, Wednesday ,THIRD EDITION

SECTION: BUSINESS; Pg. D1

LENGTH: 1063 words

HEADLINE: Globe staff reporter Hiawatha Bray contributed to this story. Material from Globe wire services were also included.;
MICROSOFT APPEALS TO HIGH COURT FIRM ALSO SEEKS DELAY OF ANTITRUST CASE, BUYING TIME FOR WINDOWS XP RELEASE

BYLINE: By Lyle Denniston, Globe Correspondent

BODY:
...Washington.
"Part of the strategy is to get XP out in the market, and that puts pressure to get this settled," he said.
Ed Black, president of an anti-Microsoft industry group, Computer and Communications Industry, said the company was "trying to present the world with a fait accompli" with the October release of XP.
"Microsoft is not going to walk free, so it's a delaying tactic," said University of Baltimore law professor Robert H. Lande, who has followed the case from the beginning. "They have no real chance of getting this overturned," he said, adding that Microsoft "is hoping for two or three months' delay, until XP gets out."
Windows XP is a breakthrough in computer operating system software, offering a variety of features such as instant messaging and music-playing functions.
Some of Microsoft's critics in the software industry say that XP involves some of the ...

FOCUS - 45 of 389 DOCUMENTS

Copyright 2001 Charleston Newspapers  
Charleston Gazette (West Virginia)

August 08, 2001, Wednesday

SECTION: News; Pg. P4C

LENGTH: 528 words

HEADLINE: Microsoft wants high court ruling

BYLINE: Ian Hopper The Associated Press

BODY:
...think the public is best served by moving forward again in the District Court."
Some legal experts questioned whether Microsoft's petition to the high court was designed to buy the company time until its new operating system gets to the market.
"The Supreme Court is not going to reverse the Court of Appeals, Microsoft is not going to walk free, so it's a delaying tactic," University of Baltimore law professor Bob Lande said. "They have no realistic chance of getting this overturned."
Microsoft simultaneously asked the federal appeals court to delay sending the case to a new lower court judge until the Supreme Court decides whether it will take the appeal.
Company spokesman Vivek Varma said Tuesday's request does not rule out settlement talks, which are in a preliminary stage.
Congress and several state attorneys general have asked ...

FOCUS - 46 of 389 DOCUMENTS

Copyright 2001 Chattanooga Publishing Company  
Chattanooga Times Free Press (Tennessee)

August 8, 2001 Wednesday

SECTION: BUSINESS; Pg. C2

LENGTH: 715 words

HEADLINE: Microsoft cites judge's bias in appeal to Supreme Court

BYLINE: D. Ian Hopper The Associated Press

BODY:
...Court of Appeals," Justice Department spokeswoman Gina Talamona said. "We will respond promptly to their filing."
Some legal experts questioned whether Microsoft's petition to the high court was designed to buy the company time until its new operating system gets to the market.
"The Supreme Court is not going to reverse the Court of Appeals, Microsoft is not going to walk free, so its a delaying tactic," University of Baltimore law professor Bob Lande said. "They have no realistic chance of getting this overturned."
Windows XP is scheduled to be delivered to computer manufacturers at the end of this month and to be on store shelves in October.
Microsoft simultaneously asked the federal appeals court to delay sending the case to a new lower court judge until the Supreme Court decides whether it will take the appeal.
Company spokesman Vivek Varma said Tuesday's request does not ...

FOCUS - 47 of 389 DOCUMENTS

Copyright 2001 Chicago Tribune Company  
Chicago Tribune

August 8, 2001 Wednesday, NORTH SPORTS FINAL EDITION

SECTION: Business; Pg. 3; ZONE: N

LENGTH: 405 words

HEADLINE: Microsoft appeals to Supreme Court;
Seeks reversal in antitrust case

BYLINE: From Tribune news services.

DATELINE: WASHINGTON

BODY:
...many of the same business practices already found to be illegal and would force consumers to use more Microsoft products.
Legal experts said they doubted the Supreme Court would take the 4-year-old case, and speculated that Microsoft is playing for time.
"The Supreme Court is not going to reverse the Court of Appeals, Microsoft is not going to walk free, so it's a delaying tactic," University of Baltimore law professor Bob Lande said. "They have no realistic chance of getting this overturned."
On Tuesday, Microsoft asked the appeals court that has the case to hold off any action until the Supreme Court decides whether to take the case, company spokesman Vivek Varma said.
The appeals court in June upheld a U.S. District Court judge's ruling that the company was a monopolist but threw out his order breaking Microsoft in two, ...

FOCUS - 48 of 389 DOCUMENTS

Copyright 2001 The Commercial Appeal, Inc.  
The Commercial Appeal (Memphis, TN)

August 8, 2001 Wednesday Final Edition

SECTION: BUSINESS; Pg. C6

LENGTH: 377 words

HEADLINE: MICROSOFT ASKS HIGH COURT TO RULE, SAYS JUDGE BIASED

BYLINE: D. Ian Hopper The Associated Press

DATELINE: WASHINGTON

BODY:
...Appeals," Justice Department spokesman Gina Talamona said. "We will respond promptly to their filing."
Some legal experts questioned whether Microsoft's petition to the high court was designed to buy the company time until its new operating system gets to the market.
"The Supreme Court is not going to reverse the Court of Appeals, Microsoft is not going to walk free, so it's a delaying tactic," University of Baltimore law professor Bob Lande said. "They have no realistic chance of getting this overturned."
Windows XP is scheduled to be delivered to computer manufacturers at the end of this month and to be on store shelves in October.
Microsoft simultaneously asked the federal appeals court to delay sending the case to a new lower court judge until the Supreme Court decides whether it will take the appeal.
Company spokesman Vivek Varma said Tuesday's request does not ...

FOCUS - 49 of 389 DOCUMENTS

Copyright 2001 Guardian Newspapers Limited  
The Guardian (London)

August 8, 2001

SECTION: Guardian Home Pages, Pg. 2

LENGTH: 352 words

HEADLINE: Microsoft challenge to court's monopoly ruling

BYLINE: Jane Martinson in New York

BODY:
...rejected his proposed break-up and accused him of "deliberate, repeated, egregious, and flagrant" ethical violations.
 However, the appeal judges, agreed Microsoft had broken US laws designed to stop monopolies abusing their position. The software firm says the appeal judges should have thrown out all Judge Jackson's findings. Microsoft had until tomorrow to file its appeal to the supreme court, but most legal experts had expected it to try to settle the case.
 Robert Lande, a professor at the University of Baltimore who specialises in anti-trust law, described Microsoft's appeal as a "delaying tactic".
 Microsoft also asked that the proceedings to determine the penalty to be imposed be stayed while the supreme court decides whether to hear its appeal. Such a delay would allow the company to release Windows XP, the latest version of its operating system, without substantial changes to its proposed new features. The launch is due on ...

PERSON: 
THOMAS PENFIELD JACKSON (90%); ROBERT LANDE (61%); 

FOCUS - 50 of 389 DOCUMENTS

Copyright 2001 Bergen Record Corporation  
The Record (Bergen County, NJ)

August 8, 2001 Wednesday All Editions

SECTION: NEWS; Pg. a10

LENGTH: 502 words

HEADLINE: MICROSOFT ASKS TOP COURT TO HEAR ANTITRUSTAPPEAL

BYLINE: D. IAN HOPPER, The Associated Press

DATELINE: WASHINGTON

BODY:
...Appeals," Justice Department spokeswoman Gina Talamona said.  "We will respond promptly to their filing. " Some legal experts questioned whether Microsoft's petition to the high court was designed to buy the company time until its new operating system gets to the market.
 "The Supreme Court is not going to reverse the Court of Appeals, Microsoft is not going to walk free, so it's a delaying tactic," University of Baltimore law Professor Bob Lande said.  "They have no realistic chance of getting this overturned. " Windows XP is scheduled to be delivered to computer manufacturers at the end of this month and to be on store shelves in October.
 Microsoft simultaneously asked the federal appeals court to delay sending the case to a new lower court judge until the Supreme Court decides whether it will take the appeal.
 Company spokesman Vivek Varma said Tuesday's request does not ...

FOCUS - 51 of 389 DOCUMENTS

Copyright 2001 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
San Jose Mercury News

August 8, 2001, Wednesday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K2949

LENGTH: 839 words

HEADLINE: Microsoft asks Supreme Court to review antitrust case

BYLINE: By Heather Fleming Phillips

BODY:
...Levy. "It has an argument as to why the district court shouldn't do anything."
Representatives of the Justice Department and the 18 state attorneys general pursuing the case against Microsoft indicated they would fight Microsoft's appeal and its request to put the case on hold.
Legal experts gave Microsoft little chance of prevailing at the Supreme Court.
"I think the court is unlikely to hear it because the facts and the law are not really in dispute," said Robert Lande, an antitrust-law professor at the University of Baltimore. "If it does hear it, then there's almost no chance that they will completely vindicate Microsoft."
Robert Christopher, an antitrust attorney in the San Jose office of Coudert Brothers, added that the makeup of the Supreme Court is similar to that of the appeals court.
"Most of the judges would be comfortable with what the appeals court has done," he said.
Tuesday's filing marked the second time the Microsoft case has come ...

FOCUS - 52 of 389 DOCUMENTS

Copyright 2001 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
San Jose Mercury News

August 8, 2001, Wednesday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K2828

LENGTH: 581 words

HEADLINE: Microsoft asks Supreme Court to throw out case, charging bias

BYLINE: By Heather Fleming Phillips

BODY:
...October before the high court decides whether even to hear the case.
The appeals court could rule as early as Wednesday on whether to put the penalty phase on hold or allow it to move forward while Microsoft's appeal is pending with the Supreme Court.
Legal experts say the Supreme Court is unlikely to take up the case.
"I think the court is unlikely to hear it because the facts and the law are not really in dispute," said Robert Lande, an antitrust law professor at the University of Baltimore. "If it does hear it, then there's almost no chance that they will completely vindicate Microsoft."
Microsoft spokesman Jim Desler said the company was also keeping the option open to appeal other aspects of the case to the Supreme Court at a later time.
Some industry analysts say Microsoft's real strategy is to delay the antitrust case as long as possible to get Windows ...

FOCUS - 53 of 389 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

August 8, 2001, Wednesday FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1117 words

HEADLINE: SUPREME COURT URGED TO TOSS CASE;
MICROSOFT MOTION MAY BE AIMED AT PROTECTING WINDOWS XP

BYLINE: DAN RICHMAN P-I reporter

BODY:
...reprieve might not last long, because the court is unlikely to grant Microsoft's petition, said George Mason University law professor Ernest Gellhorn.
"Private parties have a 1 percent success rate in certiorari petitions, while the government has a 50 percent success rate," he said.
But if the high court does take the case, resolving it could consume months, said University of Baltimore law professor Bob Lande.
"It could be one month or six months until the Supreme Court decides. It's kind of like paying income tax - if you can put it off, that's money you have now. Meanwhile, they're in the driver's seat," Lande said.
Whether or not the high court hears Microsoft's appeal, the company was right to seek it, Gellhorn said.
"This is a very responsible move, where Microsoft is focusing on the one very serious legal issue that should be ...

FOCUS - 54 of 389 DOCUMENTS

Copyright 2001 Woodward Communications, Inc.  
Telegraph Herald (Dubuque, IA)

August 8, 2001 Wednesday

SECTION: Pg. a1

LENGTH: 412 words

HEADLINE: Microsoft petitions high court; Antitrust case: Company says that the trial judge should have been thrown out because of his derogatory comments

BYLINE: ASSOCIATED PRESS

DATELINE: WASHINGTON

BODY:
...think the public is best served by moving forward again in the District Court."
Some legal experts questioned whether Microsoft's petition to the high court was designed to buy the company time until its new operating system gets to the market.
"The Supreme Court is not going to reverse the Court of Appeals, Microsoft is not going to walk free, so it's a delaying tactic," University of Baltimore law professor Bob Lande said. "They have no realistic chance of getting this overturned."
Windows XP is scheduled to be delivered to computer manufacturers at the end of this month and to be on store shelves in October.
Company spokesman Vivek Varma said Tuesday's request does not rule out settlement talks, which are in a preliminary stage. Microsoft chairman Bill Gates, who was speaking at a conference on artificial intelligence in Seattle, did ...

FOCUS - 55 of 389 DOCUMENTS 

Copyright 2001 Toronto Star Newspapers, Ltd.  

Toronto Star 

August 8, 2001 Wednesday Ontario Edition 

SECTION: BUSINESS; Pg. C04 

LENGTH: 481 words 

HEADLINE: Microsoft appeals to Supreme Court 

BYLINE: AP REUTERS PHOTO 

BODY: 
...called Microsoft chairman Bill Gates "Napoleonic" and compared Microsoft to a drug-dealing street gang, didn't mean that Jackson's final conclusion was flawed. 
Legal experts said they doubted the Supreme Court would take the four-year-old case. 
"The Supreme Court is not going to reverse the court of appeals, Microsoft is not going to walk free, so its a delaying tactic," University of Baltimore law professor Bob Lande said. "They have no realistic chance of getting this overturned." 
Lande said Microsoft wants to keep litigating while it finishes up Windows XP, which will be sent to computer manufacturers in August and to stores in October. Both Congress and several state attorneys-general have asked Microsoft to change Windows XP, saying it repeats business practices already found to be illegal, forcing consumers to use more ...

PERSON:  THOMAS PENFIELD JACKSON (77%); BOB LANDE (59%);  

FOCUS - 56 of 389 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

August 8, 2001, Wednesday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 477 words

HEADLINE: Microsoft appeals case to high court

BYLINE: Paul Davidson

BODY:
State antitrust enforcers have expressed concern that XP is also anticompetitive because it bundles new features into Windows.
Experts say both bids by Microsoft are long shots. Bob Lande, law professor at the University of Baltimore, says it's highly unlikely the high court will agree to hear the case. "You had a unanimous decision by some of the most conservative judges in the country," he says." I think (the appeal) is a delay tactic."
There is also little chance the appeals court will halt the penalty phase of the case while the high court takes perhaps 3 to 6 months to consider whether to ...

FOCUS - 57 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

August 7, 2001, Tuesday

LENGTH: 861 words

HEADLINE: Microsoft Takes Its Case To The Supreme Court - Update

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...Court would likely reject the appeal.
Falk noted that the natural result of the Supreme Court adopting Microsoft's position would be a whole new trial for the software giant.
"It's rather remarkable that after the great victory they had in the appeals court, theyre asking the Supreme Court to essentially throw the whole thing out," Falk said. "If that happened, the government would simply bring six years' worth of evidence against the company."
Bob Lande, a law professor at the University of Baltimore and director of the American Antitrust Institute, said he does not expect the Supreme Court to hear the appeal. Lande said the appeals panel would probably reject Microsoft's stay request as well.
Lande said the fact that Microsoft did not appeal on the merits of the case was an implicit acknowledgment that the Supreme Court would not likely reverse the appeals court findings on the merits.
"Both of these ...

PERSON: 
BOB LANDE (69%); THOMAS PENFIELD JACKSON (64%); 

FOCUS - 58 of 389 DOCUMENTS

Copyright 2001 The Commercial Appeal, Inc.  
The Commercial Appeal (Memphis, TN)

August 3, 2001 Friday Final Edition

SECTION: BUSINESS; Pg. C1

LENGTH: 565 words

HEADLINE: COURT DENIES MICROSOFT, SETS PENALTY STAGE

BYLINE: D. Ian Hopper The Associated Press

DATELINE: WASHINGTON

BODY:
"You had a unanimous decision by a very conservative court of appeals that found them guilty eight times of monopolization," said University of Baltimore law professor Bob Lande. "The Supreme Court isn't going to reverse that."
The U.S. Court of Appeals for the District of Columbia denied Microsoft's request for a rehearing in a brief order, clearing the way for the case to be sent back to a lower court to decide Microsoft's penalty for being an illegal monopoly.
In its June order, the appeals court decided that Microsoft illegally commingled software code for the ...

PERSON: 
BOB LANDE (64%); 

FOCUS - 59 of 389 DOCUMENTS

Copyright 2001 Industry Standard Communications Inc.  
The Industry Standard.com

August 3, 2001, Friday

LENGTH: 452 words

HEADLINE: Media Grok: Will Courts Shut Microsoft's Windows?

BYLINE: Lori Patel

BODY:
...Microsoft might use the possibility of appealing to the Supreme Court as a way to buy time from the appeals court. Every delay works in Microsoft's favor, especially as it nears the Oct. 25 release of Windows XP. The threat: If the DOJ can convince the district court that the company is up to its old tricks with XP, it might persuade the court to stop the product's release. At least that's what Baltimore legal professor Bob Lande told the AP.
But don't take his word for it. In the latest trial coverage, the expert of choice is Andy Gavil. Though the Howard University professor and antitrust authority made no controversial claims, he was quoted on various topics by reporters for USA Today, the Washington Post, the AP, the Seattle Times and the Seattle Post-Intelligencer. Jeez, talk about a monopoly.
Appeals Court ...

FOCUS - 60 of 389 DOCUMENTS

Copyright 2001 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

August 3, 2001 Friday  Home Edition

SECTION: Business; Part 3; Page 1; Financial Desk

LENGTH: 659 words

HEADLINE: U.S. Court Denies Microsoft Request;
Antitrust: Refusal to reverse decision that firm violated laws sets the stage for possible appeal to high court.

BYLINE: EDMUND SANDERS, TIMES STAFF WRITER

DATELINE: WASHINGTON

BODY:
...Court.
The U.S. Court of Appeals for the District of Columbia Circuit also turned down the government's request to send the 4-year-old case immediately back to a lower court so that a new judge could begin hearings on how Microsoft should be punished.
Legal experts found neither decision surprising. "The court seems to be saying they want to treat this case like any other," said law professor Robert Lande of the University of Baltimore.

FOCUS - 61 of 389 DOCUMENTS

Copyright 2001 North Jersey Media Group Inc.  
The Record (Bergen County, NJ)

August 3, 2001, FRIDAY; ALL EDITIONS

SECTION: BUSINESS; Pg. B1

LENGTH: 649 words

HEADLINE: APPEALS COURT WON'T REHEAR MICROSOFT CASE
 REAFFIRMS ANTITRUST FINDINGS

BYLINE: D. IAN HOPPER, The Associated Press

DATELINE: WASHINGTON

BODY:
 "You had a unanimous decision by a very conservative court of
 appeals that found them guilty eight times of monopolization," said
University of Baltimore law Professor Bob Lande."The Supreme Court
 isn't going to reverse that."
The U.S. Court of Appeals for the District of Columbia denied
 Microsoft's request for a rehearing in a brief order, clearing the way
 for the case to be sent back to a lower court to decide Microsoft's
 penalty for being an illegal monopoly.
"Nothing in the court's opinion is intended to preclude the District
 Court's consideration of remedy issues,"the appellate ...

PERSON: 
BOB LANDE (62%); 

FOCUS - 62 of 389 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

August 3, 2001, Friday FINAL

SECTION: NEWS, Pg. A1

LENGTH: 994 words

HEADLINE: NEW COURT BATTLE OVER WINDOWS XP LOOMS
MICROSOFT MAY BE HEADED FOR REMEDIES SHOWDOWN

BYLINE: DAN RICHMAN P-I reporter

BODY:
...voices raised in protest. That will be very probative for any judge," he said.
Though Bush's new antitrust chief, Charles James, hasn't taken a position on Windows XP, his recent appointment of seasoned trial lawyer Philip Beck to lead the prosecution signals the federal government's intention to take the Microsoft case seriously.
The aim of antitrust remedies is threefold, explained University of Baltimore law professor Bob Lande: to restore competition, prevent future misdeeds, and deprive the wrongdoer of ill-gotten gains.
"It would appear allowing Windows XP to go forward would thwart all three goals of an effective antitrust remedy, so Windows XP could very well be on the table in relief proceedings," Lande said.
In its terse order yesterday, the U.S. Court of Appeals for the D.C. Circuit refused to review its June 28 ...

PERSON: 
BOB LANDE (61%); 

FOCUS - 63 of 389 DOCUMENTS

Copyright 2001 Woodward Communications, Inc.  
Telegraph Herald (Dubuque, IA)

August 3, 2001 Friday

SECTION: Pg. a2

LENGTH: 633 words

HEADLINE: Court denies Microsoft's request for rehearing; Appeal: The software giant is considering a Supreme-Court challenge

BYLINE: ASSOCIATED PRESS

DATELINE: WASHINGTON

BODY:
"You had a unanimous decision by a very conservative court of appeals that found them guilty eight times of monopolization," said University of Baltimore law professor Bob Lande. "The Supreme Court isn't going to reverse that."
The U.S. Court of Appeals for the District of Columbia denied Microsoft's request for a rehearing in a brief order, clearing the way for the case to be sent back to a lower court to decide Microsoft's penalty for being an illegal monopoly.
"Nothing in the court's opinion is intended to preclude the District Court's consideration of remedy issues," the appellate ...

FOCUS - 64 of 389 DOCUMENTS

Copyright 2001 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

August 2, 2001 Thursday

SECTION: NEWS & COMMENTARY

LENGTH: 805 words

HEADLINE: Judges deny Microsoft rehearing request

BYLINE: William L. Watts, CBS.MarketWatch.com;  mailto:bwatts@marketwatch.com; William L. Watts is a reporter for CBS.MarketWatch.com.

BODY:
...Microsoft spokesman Jim Desler.
 
XP challenge?
The appellate court's reaffirmation of its ruling could clear the path for an attempt by the government or others to block the shipment of Microsoft's upcoming Windows XP operating system.
"It gives a green light to people who want to have XP considered as part of the remedy and people who might be thinking about an independent lawsuit in terms of XP," said Robert Lande, a professor at the University of Baltimore School of Law.
Microsoft had likely filed the long-shot request in the hope that a successful rehearing would rob XP critics of fodder for a legal challenge, Lande said. Microsoft may have also hoped that delay would crimp any efforts to challenge the XP launch, he said.
Those critics, including several state attorneys general, have charged that XP marks another attempt ...

FOCUS - 65 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

August 2, 2001, Thursday

LENGTH: 422 words

HEADLINE: Appeals Court Rejects Microsofts Rehearing Bid Update

BYLINE: Brian Krebs and Robert MacMillan; Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...two.
Microsoft spokesman Jim Desler said, Any petition to (the) Supreme  Court could happen in that timeframe. But he refused to say whether the  company was seriously considering the move.
We appreciate the courts review of the petition on this matter,  and we remain committed to moving forward promptly in the legal  process, Desler said.
Justice Department spokeswoman Gina Talmona said the government was  pleased with the decision, but offered no further comment.
Bob Lande, a law professor at the University of Baltimore and the  director of the American Antitrust Institute, said he was not  surprised that the appeals court denied Microsofts request.
Microsoft more or less asked the appeals court to say that it was  wrong less than a month after its decision. What were the odds of  the appeals court saying, Gee, weve changed our minds? Lande  said. This was nothing more than a delaying tactic by Microsoft and  the courts ...

PERSON: 
BOB LANDE (59%); JIM DESLER (59%); 

FOCUS - 66 of 389 DOCUMENTS

Copyright 2001 National Journal Group, Inc.  
National Journal's Technology Daily

AM Edition

July 13, 2001

LENGTH: 232 words

HEADLINE: E-GOVERNMENT: Government Still Purchasing Microsoft Products

BODY:
And, in light of Microsoft's decision this week
to give computer manufacturers broader power to edit the Windows
layout, ZDNet reports that Bob Lande, an antitrust professor at
the University of Baltimore School of Law said, "It is an
important first step, even if only a tiny one. ... On the other
hand, this only addresses the browser." In other Microsoft news,
the company is aiming to boost its Windows computer music player
and will partner with online music distributor Pressplay, the
companies announced Thursday, reports AP. Under the deal,
Pressplay, ...

FOCUS - 67 of 389 DOCUMENTS

Copyright 2001 The Houston Chronicle Publishing Company  
The Houston Chronicle

July 12, 2001, Thursday 3 STAR EDITION

SECTION: A; Pg. 1

LENGTH: 842 words

HEADLINE: Windows left open to outside browsers

SOURCE: Staff

BYLINE: TOM FOWLER

BODY:
...out of any efforts to delay the release of its latest operating system, Windows XP, this October due to anti-competitive concerns.
The changes to XP also don't change the fact that Microsoft violated antitrust laws, and will do very little if anything to return competition to the Internet browser market, say analysts.
"They're just doing this as public relations window dressing, to try and say, 'See, you really don't need to break us up,' " said Robert Lande, a professor with the University of Baltimore Law School and director of the American Antitrust Institute.
"They already killed Netscape," said Lande, referring to a competing Internet browser that was the industry leader prior to 1998. "It's 99 percent dead, so now they're saying they will give us a choice. But it's not really a choice."
Since the mid 1990s, Microsoft has made its own Internet browser, ...

FOCUS - 68 of 389 DOCUMENTS

Copyright 2001 Chicago Tribune Company  
Chicago Tribune

July 5, 2001 Thursday, NORTH SPORTS FINAL EDITION

SECTION: Business; Pg. 1; ZONE: N

LENGTH: 1154 words

HEADLINE: Gates' gamble leaves Microsoft vulnerable

BYLINE: By Jube Shiver Jr., Los Angeles Times.

DATELINE: WASHINGTON

BODY:
...software giant.
For one thing, the company now could be forced to accept tough antitrust restrictions that could constrain its ability to compete in the fast-moving software marketplace. The roll-out of its new Windows XP in October is already threatened.
In addition, it is now vulnerable to more than 100 private antitrust lawsuits.
"All of the dynamics have now changed and the government's negotiating position is stronger and Microsoft's is weaker," said Robert Lande, a law professor at the University of Baltimore. "A few days ago, Microsoft thought, 'There's a really good chance we will win everything.' ... Now they have to go back to square one. Both Microsoft and the government will have to examine the changes that have taken place in the marketplace" and determine their best course of action.
There are three possible courses.
- Either side could take the appeals court ruling to the Supreme Court. But experts ...

FOCUS - 69 of 389 DOCUMENTS

Copyright 2001 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

July 3, 2001 Tuesday  Home Edition

SECTION: Business; Part 3; Page 1; Financial Desk

LENGTH: 1250 words

HEADLINE: Microsoft's Gamble Leaves It Vulnerable;
Antitrust: Its rejection of an earlier proposal now threatens to constrain the software giant's ability to compete.

BYLINE: JUBE SHIVER Jr., TIMES STAFF WRITER

DATELINE: WASHINGTON

BODY:
For one thing, the company now could be forced to accept tough antitrust restrictions that could constrain its ability to compete in the fast-moving software marketplace. The roll-out of its new Windows XP in October is already threatened. In addition, it is now vulnerable to more than 100 private antitrust lawsuits.
"All of the dynamics have now changed and the government's negotiating position is stronger and Microsoft's is weaker," said Robert Lande, a law professor at the University of Baltimore. "A few days ago, Microsoft thought, 'There's a really good chance we will win everything.' . . . Now they have to go back to square one. Both Microsoft and the government will have to examine the changes that have taken place in the marketplace" and determine their best course of action.
Three possible courses lie open.
Either side could take the appeals court ruling to the Supreme Court. ...

FOCUS - 70 of 389 DOCUMENTS

Copyright 2001 Chicago Sun-Times, Inc.  
Chicago Sun-Times

July 01, 2001, SUNDAY, Late Sports Final Edition

SECTION: FINANCIAL; Pg. 40

LENGTH: 628 words

HEADLINE: Chicago native believed key in ruling

BYLINE: BY ANNA MARIE STOLLEY

DATELINE: WASHINGTON

BODY:
"I speculate that Ginsburg was the key to this," said Robert Lande, an antitrust law professor at the University of Baltimore. "He knows more about antitrust law than anyone else on the circuit. If Ginsburg said Microsoft violated the law, it's hard to argue with him."
In his writings, Ginsburg doesn't much like aggressive enforcement of antitrust laws, experts say.
Thursday's unanimous ruling by the appeals court in Washington ordered new hearings on a remedy to ...

GINS01072001

FOCUS - 71 of 389 DOCUMENTS

Copyright 2001 Chicago Tribune Company  
Chicago Tribune

June 29, 2001 Friday, NORTH SPORTS FINAL EDITION

SECTION: News; Pg. 1; ZONE: N

LENGTH: 1141 words

HEADLINE: Microsoft granted a reprieve;
Breakup on hold; new judge to rule

BYLINE: By Frank James, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...Microsoft "tying" its Web browser to its Windows operating system.
The government accused Microsoft of taking two separate products and tying them together in order to extend its dominance in the operating system market.
But the appeals court remanded that aspect of the case back to the trial court, setting standards for the Justice Department and states to meet, including the need for the plaintiffs to show "that Microsoft's conduct unreasonably constrained competition."
Robert Lande, an antitrust expert and professor at University of Baltimore Law School, said: "We had all expected the government to lose the tying claim, and that was remanded. So even that one was not necessarily a loss for the government."
Some legal experts say the Bush administration, viewed by many as more pro-business than its predecessor, might push for a settlement.
But the state attorneys general appeared emboldened ...

FOCUS - 72 of 389 DOCUMENTS

Copyright 2001 The Houston Chronicle Publishing Company  
The Houston Chronicle

June 29, 2001, Friday 3 STAR EDITION

SECTION: A; Pg. 1

LENGTH: 1034 words

HEADLINE: Court voids breakup of Microsoft;
Both sides claim win; judge booted

SOURCE: Staff

BYLINE: DAVID IVANOVICH, TOM FOWLER

DATELINE: WASHINGTON

BODY:
...preclude the new judge from again ordering a breakup of the company.
But the appeals court noted that if the lower court is not convinced of the link between the company's illegal behavior and its position in the operating-systems market, "it may well conclude that divestiture is not an appropriate remedy."
The court's decision was not a surprise to many antitrust experts.
"Everybody thought the remedy was going to be thrown out," said Robert Lande, a law professor at the University of Baltimore and longtime Microsoft critic.
However, the fact the appeals court sided with Jackson on the issue of monopoly power was a "great victory" for the government, Lande said.
And while the case may not be over, the suit already has had a positive impact on the competitive landscape, Cramer said.
"Microsoft took their eye off the ball during this time, and AOL (America Online) ...

FOCUS - 73 of 389 DOCUMENTS

Copyright 2001 American Lawyer Media  
The Legal Intelligencer

June 29, 2001 Friday

SECTION: NATIONAL NEWS ; msoft; Pg. 4

LENGTH: 1055 words

HEADLINE: Appeals Court: No Break Up for Microsoft

BYLINE: By Jonathan Groner, American Lawyer Media

BODY:
...well as the judge's conduct, but did not permanently rule out a divestiture in the case."Microsoft is now in a stronger market position than it was before the trial," said Lenard, whose group filed a brief at the appeals court supporting the government. "There are real antitrust concerns about their ability to leverage their power into the Internet. All this will now become part of the record for the remand stage."Robert Lande, an antitrust professor at the University of Baltimore, called the ruling "a great government victory.""Microsoft had predicted a clean sweep of all the issues, a total reversal," Lande said. "Instead, the government won the big one, the monopolization case."Lande said that if settlement talks are the next step, a couple of "wild cards" will turn up."First, you have Charles James, the new antitrust chief, ...

FOCUS - 74 of 389 DOCUMENTS

Copyright 2001 New York Law Publishing Company  
New York Law Journal

June 29, 2001 Friday

SECTION: MICROSOFT WATCH; Pg. 1

LENGTH: 1078 words

HEADLINE: Microsoft Monopoly Affirmed on Appeal;
Panel Has Harsh Words for Trial Court Judge

BYLINE: By Jonathan Groner, American Lawyer Media

BODY:
...judge's conduct, but did not permanently rule out a divestiture in the case.
"Microsoft is now in a stronger market position than it was before the trial," said Mr. Lenard, whose group filed a brief at the appeals court supporting the government. "There are real antitrust concerns about their ability to leverage their power into the Internet. All this will now become part of the record for the remand stage."
Robert Lande, an antitrust professor at the University of Baltimore, called the ruling "a great government victory."
"Microsoft had predicted a clean sweep of all the issues, a total reversal," Professor Lande said. "Instead, the government won the big one, the monopolization case."
The professor said that if settlement talks are the next step, a couple of "wild cards" will turn up.
"First, you have Charles James, the new antitrust ...

FOCUS - 75 of 389 DOCUMENTS

Copyright 2001 American Lawyer Media, L.P.  
The Recorder

June 29, 2001, Friday

SECTION: NEWS; PG. 1

HEADLINE: MICROSOFT RULING; SEEN AS VICTORY; FOR GOVERNMENT

BODY:
...well as the judges conduct, but did not permanently rule out a divestiture in the case. Microsoft is now in a stronger market position than it was before the trial, says Lenard, whose group filed a brief at the appeals court supporting the government. There are real antitrust concerns about their ability to leverage their power into the Internet. All this will now become part of the record for the remand stage. Robert Lande, an antitrust professor at the University of Baltimore, calls the ruling a great government victory. Microsoft had predicted a clean sweep of all the issues, a total reversal, Lande says. Instead, the government won the big one, the monopolization case. Lande says that if settlement talks are the next step, a couple of wild cards will turn up. First, you have Charles James, the new antitrust chief, ...

FOCUS - 76 of 389 DOCUMENTS

Copyright 2001 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
San Jose Mercury News

June 29, 2001, Friday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K3943

LENGTH: 587 words

HEADLINE: For Microsoft, Republicans now run Justice Department

BYLINE: By Heather Fleming Phillips

BODY:
...consent decree reached in settlement discussions could spell out detailed rules of engagement between Microsoft, its customers and competitors, giving rivals a more even playing field in the marketplace.
A weak agreement could embolden Microsoft to employ even more aggressive competitive tactics.
"Assuming they haven't changed their tactics at all, some companies may ask, what was the point of this whole government action?" said Robert Lande, a law professor at the University of Baltimore who has been following the case closely.
Other experts say the appeals court's ruling reinforces the notion that the government should stay out of trying to regulate the fast-changing high-tech business.
"The marketplace is moving so rapidly, the competitive situation is so fluid, that government is almost certain to make matters worse," said Robert Levy, senior fellow in constitutional studies ...

FOCUS - 77 of 389 DOCUMENTS

Copyright 2001 National Public Radio (R).  All rights reserved.  No quotes from the materials contained herein may be used in any media without attribution to National Public Radio.  This transcript may not be reproduced in whole or in part without prior written permission.  For further information, please contact NPR's Permissions Coordinatorat (202) 513-2000.  
National Public Radio (NPR)

SHOW: All Things Considered (8:00 PM ET) - NPR

June 28, 2001 Thursday

LENGTH: 700 words

HEADLINE: Federal appeals court rules in Microsoft case

ANCHORS: ROBERT SIEGEL; NOAH ADAMS

REPORTERS: LARRY ABRAMSON

BODY:
...an order that the company be chopped in two.  The company made it clear it would fight to the death to defeat that order.  Microsoft's arguments worked, to an extent.  The breakup ruling will go back to a lower court for a hearing. Judge Thomas Penfield Jackson, the original judge, refused to hold a hearing on the remedy.  The appeals court said a hearing is essential.  Professor Robert Lande of the University of Baltimore says that means a breakup is very unlikely now.
Professor ROBERT LANDE (University of Baltimore): I would be extremely surprised if a breakup order were sustained on remand.  It's much more likely that a new judge will order a remedy short of breakup.
ABRAMSON: That's partly because the appeals court threw out one of the key charges the government used to justify the call for a breakup.  The government had said that Microsoft tried to monopolize the market for Internet browsing software.  The ...

FOCUS - 78 of 389 DOCUMENTS 

Copyright 2001 CMP Media, Inc.  

InternetWeek 

June 25, 2001 Monday 

SECTION: NEWS & ANALYSIS; Pg. 53 

LENGTH: 463 words 

HEADLINE: Overturn Or Not? Clock On MS Is Ticking -- MARY MOSQUERA 

BODY: 
"Jackson's verdict will be thrown out; he'll be chastised and replaced," said Bob Lande, a University of Baltimore law professor. 
Jackson ruled a year ago in favor of arguments posed by the Justice Department and 19 state attorneys general that Microsoft had abused its operating system monopoly by leveraging its market power against Netscape to extend its dominance to the Internet. Jackson ordered Microsoft split into an operating system company and an applications company, but he postponed the breakup and sweeping ...

PERSON:  THOMAS PENFIELD JACKSON (92%); BOB LANDE (91%); CHARLES JAMES (72%);  

FOCUS - 79 of 389 DOCUMENTS

Copyright 2001 The Deal L.L.C.  
Daily Deal (New York, NY)

June 12, 2001 Tuesday

SECTION: M AND A

LENGTH: 705 words

HEADLINE: Muris: Show me the numbers

BYLINE: by Jaret Seiberg in Washington

BODY:
...area," Muris said.
Immediately after the speech, Muris presented Pitofsky with AAI's achievement award. Pitofsky praised AAI President Albert Foer for establishing the advocacy group, which he said is one of the few pro-competition voices remaining.
After the luncheon, antitrust lawyers said they believe Muris will maintain the FTC's antitrust enforcement program. "He really stressed that there are more similarities than differences, and I think he is right," said Robert Lande, a professor at the University of Baltimore law school.
"He has sounded a strong and sensitive bipartisan chord, which suggests a very serious enforcement agenda," said David Balto, a partner at White & Case llp in Washington.
Pitofsky said fears his successor would dismantle the FTC antitrust program were unfounded. Yet, "The overwhelming influence should be on people who buy the product," said Pitofsky, who returned to ...

FOCUS - 80 of 389 DOCUMENTS

Copyright 2001 New York Law Publishing Company  
New York Law Journal

June 7, 2001 Thursday

SECTION: CORPORATE UPDATE; Pg. 5

LENGTH: 1246 words

HEADLINE: Travel Web Site;
Critics of Airlines' Effort Raise Antitrust Concerns

BYLINE: By Tamara Loomis

BODY:
...claims with a jaundiced eye. Behind the lofty rhetoric, they say, is nothing but a thinly veiled attempt by the airlines to monopolize distribution. And if the airlines get their way, critics warn, it will reduce, if not eliminate, competition in the Internet travel industry, paving the way for higher prices.
"It looks like a plan to eliminate other on-line travel agencies," said Robert H. Lande, a professor of antitrust law at the University of Baltimore School of Law. "In the short run, they may lower prices, but in the long run, once they eliminate the competition, are they going to act in the interest of consumers or in the interest of their corporate owners?"
The U.S. Department of Transportation has given Orbitz a yellow light. After a 10-month investigation, it issued a report in April ...

FOCUS - 81 of 389 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

May 10, 2001, Thursday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 503 words

HEADLINE: FTC could try to block Pepsi-Quaker merger Battle for sports-drink market raises questions

BYLINE: Paul Davidson and Theresa Howard

BODY:
...appeased, fearing All Sport would wither in the hands
of tiny Monarch.
Pepsi responded that it would sell to Monarch anyway, say people
who know of the response. Pepsi said they have agreed on terms
but would not reveal them.
Some experts say that if that sale closes, the FTC's case against
Quaker is eviscerated. And while it could review the All Sport
sale, it would have no basis to stop it, says Bob Lande, law professor
at the University of Baltimore. "(Pepsi) gets away with it,"
he says.
Other antitrust experts disagree, saying the FTC could move to
block the All Sport sale on the grounds that it, in tandem with
the Quaker deal, is an attempt to squash competition.
Even if Pepsi still owns All Sport, the FTC's case against the
Quaker merger would not be clear sailing, experts say. The FTC
would likely ...

FOCUS - 82 of 389 DOCUMENTS 

Copyright 2001 American Marketing Association 

Journal of Public Policy & Marketing 

2001 Spring 

SECTION: SPECIAL ISSUE ON COMPETITION POLICY AND ANTITRUST LAW; Vol. 20, No. 1; Pg. 51 

LENGTH: 12300 words 

HEADLINE: E-Commerce Meets Antitrust: A Primer 

BYLINE: Albert A. Foer; ALBERT A. FOER is president of the American Antitrust Institute, an independent education, research, and advocacy organization (described at www.antitrustinstitute.org).  

BIBLIOGRAPHY: 
...A. (1999), "The Importance of the Microsoft Case," Connecticut Law Review, 31 (Summer), 1275 -- 84.
-- (2000), "High Tech Needs Antitrust," statement submitted to FTC Workshop, (June 29 -- 30) [available at http://www.antitrustinstitute.org/recent/71.cfm].
-- (2001), "The Politics of Antitrust in the United States: Public Choice and Public Choices," University of Pittsburgh Law Review, 62 (Spring), forthcoming.
-- and Robert H. Lande (1999), "The Evolution of United States Antitrust Law: The Past, Present, and (Possible) Future," Nihon University Comparative Law, 16 (1999), 149 -- 72.
FTC:WATCH (2000), (October 23), Washington, DC.
Gellhorn, Ernest and William E. Kovacic (1994), Antitrust Law and Economics, 4th ed.  St. Paul, MN: West Group.
Gilbert, Richard J. (1995), "Networks, Standards, and the Use of Market Dominance: ...

FOCUS - 83 of 389 DOCUMENTS

Copyright 2001 The New York Times Company  
The New York Times

March 30, 2001, Friday, Late Edition - Final

SECTION: Section C; Page 1; Column 3; Business/Financial Desk 

LENGTH: 1350 words

HEADLINE: Web Users Left Scrambling as Big D.S.L. Network Shuts Down

BYLINE: By SIMON ROMERO 

BODY:
...nimble companies could provide customers with better, more varied services. But the local phone companies themselves offered D.S.L. in competition with the wholesalers and Internet service providers. Businesses like NorthPoint and Covad spent much of their time lobbying local phone companies and regulators to make it easier to gain access to networks.
"From a competitive view, the sheer complexity of the industry weighed heavily on newcomers," said Robert Lande, a University of Baltimore law professor and American Antitrust Institute director.
Of course, if others follow NorthPoint into bankruptcy, that could concentrate more power among the big local phone companies. Or it could lead some customers to opt for fast Internet access through cable systems, which already account for nearly 70 percent of broadband connections. The cable broadband industry is led by huge companies like ...

FOCUS - 84 of 389 DOCUMENTS

Copyright 2001 Industry Standard Communications Inc.  
The Industry Standard

March 5, 2001, Monday

LENGTH: 1225 words

HEADLINE: As He Was Saying ...

BYLINE: Keith Perine

BODY:
...Jackson's decision to discuss the suit before a final ruling was a stunning departure from the sphinx-like silence federal judges are required to maintain while a case is being litigated. "It contradicts every conception of sound judicial practice," says William Kovacic, a George Washington University law professor. "A rational actor would want to preserve the substance of what he has done."
University of Baltimore law professor Bob Lande says that Jackson has almost certainly lost any credibility he might have had with the appeals court. "If you respect the judges, you give them a lot of deference," adds Lande. "If you think they're out-of-control clowns, you give them very little deference."
Jackson has now stopped speaking to the press, but in his interviews he hinted at a motive for his actions. "He said that all he was doing was talking for history, for the historical record," says ...

FOCUS - 85 of 389 DOCUMENTS

Copyright 2001 NLP IP Company - American Lawyer Media
All Rights Reserved.  
Legal Times

March 5, 2001

SECTION: LEGAL BUSINESS; Pg. 26

LENGTH: 259 words

HEADLINE: Web of the Week

BODY:
The institute is a three-year-old nonprofit founded by Bert Foer, a former Federal Trade Commission antitrust lawyer, with the aim of promoting a relatively activist view of antitrust and challenging conservative "Chicago-school" assumptions. (Disclosure: Both Foer and law professor Robert Lande, the institute's corporate secretary, are longtime acquaintances of mine, going back to our FTC days in the 1980s.) The site has a lot of things that one would expect to find-opinion columns, links to dozens of other antitrust sites, headlines of antitrust-related stories-as well as a good many surprises. There's a complete list of state officials with antitrust responsibilities and a directory of personnel at the FTC and the Antitrust Division, as well as ...

FOCUS - 86 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

March 5, 2001, Monday

LENGTH: 836 words

HEADLINE: IP Issues Cloud Antitrust Role In New Economy - Pitofsky

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...case was trial Judge Thomas Penfield Jackson's out of-court comments before and after handing down the breakup ruling. Most observers say while the appeals panel is unlikely to reverse findings that Microsoft violated US antitrust laws, it will probably remand the case back to a different trial judge for a reconsideration of the breakup remedy.
Pitofsky did not mention Microsoft in his speech.
Bob Lande, a law professor with the University of Baltimore and director of the American Antitrust Institute, said that if the case goes back for remand, the Bush administration is likely to call it quits.
"At that point, there's a good chance that a new, more conservative administration might want to settle," Lande said. "In fact, I think there's an excellent chance."
For a copy of Pitofsky's speech, check out:   ...

FOCUS - 87 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

March 5, 2001, Monday

LENGTH: 836 words

HEADLINE: IP Issues Cloud Antitrust Role In New Economy - Pitofsky

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...case was trial Judge Thomas Penfield Jackson's out of-court comments before and after handing down the breakup ruling. Most observers say while the appeals panel is unlikely to reverse findings that Microsoft violated US antitrust laws, it will probably remand the case back to a different trial judge for a reconsideration of the breakup remedy.
Pitofsky did not mention Microsoft in his speech.
Bob Lande, a law professor with the University of Baltimore and director of the American Antitrust Institute, said that if the case goes back for remand, the Bush administration is likely to call it quits.
"At that point, there's a good chance that a new, more conservative administration might want to settle," Lande said. "In fact, I think there's an excellent chance."
For a copy of Pitofsky's speech, check out:   ...

FOCUS - 88 of 389 DOCUMENTS

Copyright 2001, Telegraph-Herald  
Telegraph Herald (Dubuque, IA)

March 5, 2001, Monday

SECTION: Pg. a12

LENGTH: 805 words

HEADLINE: Rivals fear appeals ruling will embolden Microsoft; Tactics: It appears likely that the firm won't be broken up

BYLINE: ASSOCIATED PRESS

BODY:
...U.S. Court of Appeals in Washington heard arguments in the appeal, and antitrust experts agreed that Microsoft's future as one company appears to be improving. The judges sent strong signals that the break-up would be reversed, in part because Jackson failed to hold hearings on that remedy. They also questioned whether the break-up would resolve the issues of Microsoft's monopoly abuse.
"There's absolutely no way the break-up will stand up," said Robert Lande, a law professor at the University of Baltimore who has been closely monitoring the case.
The appeals panel also pummeled the government's lawyers with tough questions related to the charges that Microsoft illegally "tied" its products and attempted to monopolize the browser market. Both charges stand a good chance of being reversed, say antitrust experts.
Microsoft argues that Internet Explorer is not a separate product, but an upgraded feature of ...

FOCUS - 89 of 389 DOCUMENTS

Copyright 2001 U.S. News & World Report  
U.S. News & World Report

March 5, 2001

SECTION: BUSINESS & TECHNOLOGY; Vol. 130 , No. 9; Pg. 38

LENGTH: 1630 words

HEADLINE: Why Gates is smiling

BYLINE: By Dori Jones Yang

DATELINE: Redmond, Wash.

BODY:
...court "supercilious" and saying it "made up" facts. In apparent displeasure, the appeals court insisted on hearing arguments about Jackson's "extrajudicial statements"--when even Microsoft had agreed not to discuss them. "It was a staggering lapse of good judgment," says George Washington University Prof. William Kovacic, a longtime trial observer. "Had he been silent, all those bold remedial possibilities would still be in play."
 Robert Lande, a University of Baltimore law professor who has sided against Microsoft, thinks the odds of a breakup are almost zero. There's a 1-in-3 chance Microsoft will win outright, he says. More likely, in Lande's view, is that the appeals court will agree with some of the charges against the company and impose conduct-oriented remedies. That means a slap on the wrist and a promise to sin ...

FOCUS - 90 of 389 DOCUMENTS

Copyright 2001 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

March 1, 2001, Thursday, Home Edition

SECTION: Business; Part C; Page 1; Financial Desk

LENGTH: 1314 words

HEADLINE: COULD MICROSOFT GROW EVEN STRONGER, LARGER?; 
 COMPUTERS: WITH FAVORABLE SIGNALS ON ITS APPEAL, SOME ANALYSTS SAY THE SOFTWARE GIANT IS POISED FOR A NEW SURGE, BUT OTHERS SAY ITS MARKETS HAVE CHANGED TOO MUCH.

BYLINE: MICHAEL A. HILTZIK and JUBE SHIVER Jr., TIMES STAFF WRITERS 

BODY:
...seems to believe it: While most tech shares have plunged this year, Microsoft stock is up 36% to $ 59.
Some observers say that watering down the sanctions sought by the Justice Department could free Microsoft to expand its hold on personal computer software to include the server market and others.
"If Microsoft wins a total victory or gets a wimpy settlement with the government, that will be a disaster," said Robert Lande, a University of Baltimore law professor who has closely followed the antitrust trial. "It will definitely strike fear into rivals . . .  and stifle innovation."
The company has already signaled its intent to maintain its historical supremacy over the core software running on the personal computer. Every copy of Windows XP, for example, is expected to carry a unique code tied to the first computer on which it is installed, preventing ...

FOCUS - 91 of 389 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

March 1, 2001, Thursday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 835 words

HEADLINE: Breakup may be no-go, but Microsoft isn't off the hook yet

BYLINE: Paul Davidson

BODY:
...hand-held computers and corporate servers,
he says.
Prosecutors say a breakup could be upheld even if the appeals
court strikes down findings that Microsoft illegally tied its
Web browser to its Windows software and tried to monopolize browsers.
Lawyers close to the case point to signals that the court may
be willing to uphold at least part of the central claim -- that
Microsoft illegally fended off challenges to its Windows operating
system.
Yet Bob Lande of the University of Baltimore Law School says Microsoft
could win on that score, too. "I think they have a 50% chance
of totally walking," he says. Kovacic gives that possibility
a 20% shot.
During the hearings this week, the U.S. Court of Appeals skewered
Judge Jackson for holding just one hearing on the breakup order
and granting press interviews that at least lent the appearance
of bias.
Some judges also ...

FOCUS - 92 of 389 DOCUMENTS

Copyright 2001 The Christian Science Publishing Society  
Christian Science Monitor (Boston, MA)

February 28, 2001, Wednesday

SECTION: USA; Pg. 1

LENGTH: 861 words

HEADLINE: Brighter outlook for embattled Microsoft

BYLINE: Peter Grier Staff writer of The Christian Science Monitor

DATELINE: WASHINGTON

BODY:
"I really think breakup is not a realistic possibility for Microsoft" at this point, says Robert Lande, a University of Baltimore law professor who has closely followed the case.
 
The long, tough fight between the Justice Department and 19 states on the one side, and one of the most successful business enterprises of the computer age on the other, is likely to have a historic impact on consumers and the future of the computer industry.
 
Last year, the first legal round of the battle concluded with US District Court Judge Jackson ...

FOCUS - 93 of 389 DOCUMENTS

Copyright 2001 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

February 27, 2001, Tuesday, Home Edition

SECTION: Part A; Part 1; Page 1; Financial Desk

LENGTH: 933 words

HEADLINE: GOVERNMENT'S MICROSOFT CASE CHALLENGED; 
 COURTS: APPEALS PANEL AIMS HOSTILE QUESTIONS AT CORE OF THE ANTITRUST SUIT.

BYLINE: JUBE SHIVER Jr., TIMES STAFF WRITER 

DATELINE: WASHINGTON

BODY:
...appeared to split roughly along party lines in its questioning.
William E. Kovacic, a George Washington University law professor, pointed out that Randolph joined Chief Judge Harry Edwards, Stephen Williams and Douglas Ginsburg in expressing deep skepticism of the government's claim. All but Edwards were appointed by a Republican president.
"All of the government's key points got hammered," agreed Robert Lande, a law professor at the University of Baltimore. "Things do not look good for the government."
The sharp questioning of the government's case--which went beyond the court's usual aggressive line of inquiry--caused many legal experts to suggest that the appeals court will overturn at least some of Jackson's order.
On Wall Street, Microsoft shares jumped nearly $ 3 to close at $ 59.56 in a ...

FOCUS - 94 of 389 DOCUMENTS

Copyright 2001 N.Y.P. Holdings, Inc. All rights reserved.  
The New York Post

February 27, 2001, Tuesday

SECTION: All Editions; Pg. 041

LENGTH: 403 words

HEADLINE: JUDGES SKEPTICAL OF CASE AGAINST M'SFT

BYLINE: Niles Lathem

BODY:
...Urowsky, also was peppered with some tough questions throughout the day and was at one point admonished over rearguing the facts of the case.
In another exchange, appeals court judge Douglas Ginsburg accused Microsoft of using "saturation bombing" tactics to win the browser war against Netscape.
But legal experts attending the hearing gave the opening round to Microsoft. "The judges' questions did more damage to the government than they did to Microsoft," said Robert Lande of the University of Baltimore Law School.
Shares of Microsoft rose 5 per cent, closing at $59.56.

FOCUS - 95 of 389 DOCUMENTS 

Copyright 2001 Newsday, Inc.  

 Newsday (New York) 

February 27, 2001 Tuesday ALL EDITIONS 

SECTION: BUSINESS & TECHNOLOGY, Pg. A46 

LENGTH: 802 words 

HEADLINE: Microsoft Antitrust Appeal Under Way;
Company fights ruling that would break it up 

BYLINE: COMBINED WIRE SERVICES 

BODY: 
...expected the government to come under fire from conservative judges on the panel, but the attack by Edwards was significant. "I think the intriguing thing in the afternoon was the chief judge led the charge [against the government's case] on some of these issues," said William Kovacic, a professor of antitrust law at George Washington University.  
The chief judge's questions "did much more damage to the government than they did to Microsoft," said Robert Lande, a law professor at the University of Baltimore.  
Edwards told Justice Department lawyer Jeffrey Minear the government looked at Microsoft as "a paranoid monopolist, someone who gets up in the middle of the night and shoots at any movement." 
Minear argued that Microsoft spent huge amounts of money to promote its Internet Explorer browser, overwhelming competitors. "The company used its monopoly power to stifle the competitive ...

FOCUS - 96 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

FEBRUARY 27, 2001, TUESDAY, FINAL EDITION

SECTION: NEWS; Pg. A1

LENGTH: 1488 words

HEADLINE: Hard Questions For Both Sides;

Oral arguments begin in appeal of order to break up company

SOURCE: Chronicle Washington Bureau

BYLINE: Carolyn Lochhead

BODY:
...violated judicial canon.
 Jeffrey Minear, assistant to the solicitor general, argued the government's side, replacing trial attorney David Boies, who won the lower court verdict. The solicitor general's office usually argues only Supreme Court or very high-profile appellate cases. Richard Urowsky argued Microsoft's case.
 Though many observers said Microsoft was the clear winner yesterday, University of Baltimore law professor Bob Lande saw some bright spots for the government, saying some judges deferred to Jackson's findings of fact.
 Appeals courts defer to a trial judge's factual findings unless they find them "clearly erroneous," a high legal standard.
 Judge David Tatel noted those fact findings are considered binding, warning Microsoft's attorney the court would not retry the case and adding, "I don't see how you can ...

FOCUS - 97 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

FEBRUARY 27, 2001, TUESDAY, FINAL EDITION

SECTION: NEWS; Pg. A1

LENGTH: 1488 words

HEADLINE: Hard Questions For Both Sides;

Oral arguments begin in appeal of order to break up company

SOURCE: Chronicle Washington Bureau

BYLINE: Carolyn Lochhead

BODY:
...violated judicial canon.
 Jeffrey Minear, assistant to the solicitor general, argued the government's side, replacing trial attorney David Boies, who won the lower court verdict. The solicitor general's office usually argues only Supreme Court or very high-profile appellate cases. Richard Urowsky argued Microsoft's case.
 Though many observers said Microsoft was the clear winner yesterday, University of Baltimore law professor Bob Lande saw some bright spots for the government, saying some judges deferred to Jackson's findings of fact.
 Appeals courts defer to a trial judge's factual findings unless they find them "clearly erroneous," a high legal standard.
 Judge David Tatel noted those fact findings are considered binding, warning Microsoft's attorney the court would not retry the case and adding, "I don't see how you can ...

FOCUS - 98 of 389 DOCUMENTS 

Copyright 2001 Toronto Star Newspapers, Ltd.  

The Toronto Star 

February 27, 2001, Tuesday, Edition 1 

SECTION: BUSINESS 

LENGTH: 694 words 

HEADLINE: COURT CRITICIZES MICROSOFT CASE 

BODY: 
...radical and inappropriate. 
 But the U.S. justice department and 19 states argue the findings of Jackson should stand, citing evidence presented during 78 days of trial. 
 Legal experts present in the court said they had expected the government to come under fire from conservative judges on the panel but the attack by Edwards was significant. 
 During the morning session, the judges' questions "did much more damage to the government than they did to Microsoft," said Robert Lande, a law professor at the University of Baltimore who attended the session. 
 Attorney Richard Urowsky, opening for Microsoft, told the seven-judge panel that the entire case was undermined by the widespread availability of Netscape's browser, which the lower court found Microsoft had tried to eliminate as a competitive threat. 
 "Nothing Microsoft did foreclosed Netscape from any portion of the marketplace," Urowsky said. 
 Microsoft took some pointed questions ...

FOCUS - 99 of 389 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

February 27, 2001, Tuesday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 472 words

HEADLINE: Judges ask tough questions during Microsoft case Software titan may have fared better than government

BYLINE: Paul Davidson

DATELINE: WASHINGTON

BODY:
...conduct? Williams asked.
"It looks like one monopolist replacing another," Edwards added
of the government's defense of Netscape.
Edwards also questioned Jackson's finding that the browser and
Windows should not have been melded because they had separate
markets. "Can you really argue there's a separate market for
browserless" operating systems?
Legal experts say Microsoft may have fared better than the government
for the day. "They did much more damage to the government than
they did to Microsoft," says Robert Lande, law professor at the
University of Baltimore.
Microsoft stock closed up 5.5% at $ 59.56. Today's arguments can
be heard on C-Span and C-Span Radio.

FOCUS - 100 of 389 DOCUMENTS

Copyright 2001 South Bend Tribune Corporation  
South Bend Tribune (Indiana)

February 26, 2001 Monday Michigan Edition

SECTION: NATION; Pg. A3

LENGTH: 447 words

HEADLINE: BRIEFS

Microsoft has "a 50 percent chance of walking completely" thanks to Jackson's post-trial statements, University of Baltimore law professor Bob Lande said. Before the comments, he gave the government a 2-to-1 edge.
In interviews with reporters and authors writing books on Microsoft's legal ordeal, Jackson made scathing attacks on Gates, the company's legal team and the U.S. Court of Appeals for the District of Columbia Circuit, which was to hear the company's appeal today and Tuesday.
TOKYO
Sub commander offers regrets but no apology
 The commander of the U.S. ...

FOCUS - 101 of 389 DOCUMENTS 

Copyright 2001 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

February 26, 2001 Monday FINAL EDITION 

SECTION: TELEGRAPH, Pg. 1A 

LENGTH: 1238 words 

HEADLINE: Microsoft split appears unlikely, many experts say;
 Changes in industry, government are seen as factors in appeal;
 Arguments begin today 

BYLINE: Stacey Hirsh 

SOURCE: SUN STAFF 

BODY: 
...before an appellate court this week in one of the largest antitrust cases in U.S. history, experts believe it is unlikely that the software giant will be split in two.
They point to several reasons: the sinking technology sector, the weakening economy, the changing marketplace and the more conservative administration of George W. Bush.
A breakup now is "not even worth talking about, to tell you the truth," said Bob Lande, a law professor at the University of Baltimore.
The U.S. Court of Appeals for the District of Columbia Circuit is scheduled to hear oral arguments today and tomorrow on a federal judge's ruling to break the company in two. At issue is whether Microsoft exercises illegal monopoly power and, if so, what remedy should be imposed.  

FOCUS - 102 of 389 DOCUMENTS

Copyright 2001 Charleston Newspapers  
Charleston Gazette (West Virginia)

February 26, 2001, Monday

SECTION: News; Pg. P3D

LENGTH: 419 words

HEADLINE: Judge's comments may affect appeal of Microsoft decision

BYLINE: The Associated Press

BODY:
"In conscious or unconscious ways, the court of appeals will feel fewer inhibitions to second-guess Jackson's findings concerning crucial pieces of evidence," George Washington University law professor William Kovacic predicted. "Nothing good will come to the government plaintiffs from all of this."
Microsoft has "a 50 percent chance of walking completely" thanks to Jackson's post-trial statements, University of Baltimore law professor Bob Lande said. Before the comments, he gave the government a 2-to-1 edge.
"Those wonderful findings of fact all have a cloud cast on them because of Jackson's unjudicial statements," Lande said.
In interviews with reporters and authors writing books on Microsoft's legal ordeal, Jackson made scathing attacks on Gates, the company's legal team and the U.S. Court of Appeals for the District of Columbia Circuit, which was to hear the company's ...

PERSON: 
THOMAS PENFIELD JACKSON (93%); BOB LANDE (58%); WILLIAM HENRY 'BILL' GATES III (56%); 

FOCUS - 103 of 389 DOCUMENTS

Copyright 2001 Investor's Business Daily, Inc.  
 Investor's Business Daily

February 26, 2001

SECTION: A; Pg. 4

LENGTH: 861 words

HEADLINE: LANDMARK ANTITRUST CASE Microsoft Set To Make Its Appeal To Remain Whole

BYLINE: By Patrick Seitz, Investor's Business Daily

BODY:
...biased against the company. They expect the conservative appellate court to be more receptive to its defense.  Legal scholars seem to agree. The possibility of a Microsoft breakup now looks pretty remote, especially thanks to developments since last summer, observers say.  "After Jackson's opinion, I was telling people, 60-40, the government will win ultimately. But now I call it a tossup," said Bob Lande, an antitrust professor at the University of Baltimore Law School. "There's a 50% chance that Microsoft will walk away completely, with the appellate court deciding that it didn't violate the law.

PERSON: 
THOMAS PENFIELD JACKSON (90%); HILLARD STERLING (69%); BOB LANDE (57%); 

FOCUS - 104 of 389 DOCUMENTS

Copyright 2001 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

February 26, 2001, Monday, Home Edition

SECTION: Business; Part C; Page 1; Financial Desk

LENGTH: 1150 words

HEADLINE: MICROSOFT IN STRONG POSITION AS IT PREPARES FOR COURT BATTLE; 
 APPEAL: BUT UNDER THE NEW ADMINISTRATION, THE OUTCOME OF THE SOFTWARE GIANT'S ANTITRUST CASE IS EVEN MORE UNCERTAIN.

BYLINE: JUBE SHIVER Jr., TIMES STAFF WRITER 

DATELINE: WASHINGTON

BODY:
...by controversial comments made by Jackson. In an interview with author Ken Auletta, the 64-year-old Jackson blasted the appeals court as roundly as he had earlier criticized Microsoft and its billionaire chairman, Bill Gates, in newspaper interviews. In Auletta's book, Jackson compares Microsoft executives to unremorseful gang members and likens Gates to Napoleon.
"Going into this, things looked good for the government," said Robert Lande, a University of Baltimore law professor who supports the government's prosecution of Microsoft. "Then, Jackson went and shot his mouth off."
Microsoft and the government had agreed not to bring up Microsoft's complaints about Jackson's handling of the trial in oral arguments. But, in a stunning decision handed down earlier this month, the appellate justices decided to give each side 30 minutes during oral arguments to ...

FOCUS - 105 of 389 DOCUMENTS

Copyright 2001 National Journal Group, Inc.  
National Journal's Technology Daily

PM Edition

February 26, 2001

LENGTH: 569 words

HEADLINE: ANTITRUST: "> Government Fails To Assail Microsoft In Court

BYLINE: Drew Clark

BODY:
...in the trial that Navigator
was shipped on 22 percent of all personal computers -- and that
there had been 60 million downloads of the software.
Urowsky faced tough questioning from Clinton-appointed
Judge David Tatel and Reagan-appointed Judge David Sentelle
about whether he was trying to reopen District Court Judge
Thomas Penfield Jackson's trial that focused the facts of the
case.
"The key foreclosure point ... was the government's
strongest hand, and they didn't do well," said Bob Lande, an
antitrust economist at the University of Maryland.
But in a press conference outside the courtroom, Robert
Bork, a former judge on the court hearing the case and a leading
Microsoft foe, cautioned against reading too much into the oral
arguments. "I think its impossible to tell from questions which
way the court is leaning," he said. "It's a long process of
deliberation. This is just one snapshot."

FOCUS - 106 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

February 26, 2001, Monday

LENGTH: 953 words

HEADLINE: Judges' Dissection Reveals Cracks In Case Against Microsoft

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...wiping out any competitors hopes for profitability in the browser market.
But on rebuttal, Microsoft attorney Richard Urowsky  noted that some 60 million Windows users had downloaded Netscape by the time the lower court issued its breakup order, something the panel seized on as evidence that Netscape had not been "foreclosed" or shut out of the  browser market.
According to University of Baltimore antitrust law professor Bob Lande, Minear did not do an adequate job rebutting Microsoft's comebacks or addressing the panel's many  serious concerns
"This is pretty devastating for the government's case this early on," Lande said. "What's surprising is that (Minear) didn't even talk about the percentage of users who aren't sophisticated enough to download Netscape."
William Kovacic, a law professor at George Washington  University, said Microsoft succeeded in weakening the  ...

FOCUS - 107 of 389 DOCUMENTS

Copyright 2001 Community Television Foundation 
of South Florida, Inc.  
The Nightly Business Report

SHOW: NIGHTLY BUSINESS REPORT (NPR 6:30:00 pm ET)

February 26, 2001

Transcript # 01022600-118  

SECTION: Business

LENGTH: 4068 words

HEADLINE: Nightly Business Report>

GUESTS: Robert McTeer

BYLINE: Paul Kangas, Susie Gharib

BODY:
...true monopoly, the price for Windows would be as much as $900 and not the $65 wholesale price.
 
 RICHARD UROWSKY, ATTORNEY, SULLIVAN & CROMWELL, REPRESENTING MICROSOFT: Microsoft has some market power and some, some discretion in pricing, but that is not equivalent to monopoly power.
 
 WOODS: Some court observers felt the tone of the questions tipped in Microsoft's favor, especially on the key issue of Microsoft's monopoly power.
 
 ROBERT LANDE, LAW PROFESSOR, UNIVERSITY OF BALTIMORE: This is the government's strongest charge and if they lose this one, then they might well lose the entire case.
 
 WOODS: Oral arguments conclude tomorrow. The focus will be on Judge Jackson's decision to split the company in two. Also at issue will be the judge himself and whether or not he conducted a fair trial or was biased against Microsoft.
 
 Stephanie Woods, NIGHTLY BUSINESS REPORT, Washington.
 
 GHARIB: Warnings ...

FOCUS - 108 of 389 DOCUMENTS

Copyright 2001 North Jersey Media Group Inc.  
The Record (Bergen County, NJ)

February 26, 2001, MONDAY; ALL EDITIONS

SECTION: NEWS; Pg. A1

LENGTH: 2160 words

HEADLINE: WILD CARD COULD HELP MICROSOFT IN APPEAL

BYLINE: D. IAN HOPPER, The Associated Press

DATELINE: WASHINGTON

BODY:
Microsoft has"a 50 percent chance of walking completely" because of
 Jackson's post-trial statements, University of Baltimore law professor
 Bob Lande said. Before Jackson's comments, he gave the government a
 2-to-1 edge.
"Those wonderful findings of fact all have a cloud cast on them
 because of Jackson's unjudicial statements,"Lande said.
In interviews with reporters and authors writing books on
 Microsoft's legal ordeal, Jackson made scathing attacks on Gates, the
 company's legal team, and the U.S. Court of Appeals for the District of
 Columbia Circuit, which was to hear the ...

FOCUS - 109 of 389 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

February 26, 2001, Monday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 759 words

HEADLINE: Microsoft returns to court hoping to find friendlier faces U.S. Court of Appeals to hear arguments against a breakup

BYLINE: Paul Davidson

BODY:
...just one
hearing and for his comments that the company says indicate bias.
The decision to devote time to the awkward subject despite the
fact that neither side requested it shows the court is troubled
by it, some experts say.
The court also earmarked more time than requested to central arguments,
indicating they will scrutinize Jackson's factual findings --
by looking at key evidence -- as well as his legal conclusions,
says Bob Lande of the University of Baltimore Law School. Typically
a judge's fact-findings are given great deference.
But Iowa Attorney General Tom Miller, who is leading the case
for the 19 plaintiff states, says, "That will be good for us.
We think the facts are on our side." During a 78-day trial, the
Justice Department's outside counsel, famed litigator David Boies,
repeatedly confronted Microsoft ...

FOCUS - 110 of 389 DOCUMENTS

Copyright 2001 Charleston Newspapers  
Charleston Gazette (West Virginia)

February 25, 2001, Sunday

SECTION: News; Pg. P7D

LENGTH: 1068 words

HEADLINE: Microsoft case back in court Appellate judges to determine software giant's future

BYLINE: Heather Fleming Phillips Knight Ridder Newspapers

BODY:
...step of discussing with members of the press his views on the case, Microsoft and Gates. In one account recalled by New Yorker reporter Ken Auletta, Jackson called Gates arrogant and compared him to Napoleon.
Microsoft says those comments show that Jackson is prejudiced against the company, and that his ruling should therefore be dismissed. Courtroom observers agree that Jackson's out-of-court statements could jeopardize his ruling.
"There's no rational way to explain it," said Robert Lande, a law professor with the University of Baltimore who is following the case closely. "It's a horrible, stupid blunder" that increases the chances of Microsoft prevailing on appeal, Lande said.
The appeals court is made up of David S. Tatel, A. Raymond Randolph, David B. Sentelle, Judith W. Rogers, Stephen F. Williams, Chief Judge Harry T. Edwards and Douglas Ginsburg.
The court has already ...

FOCUS - 111 of 389 DOCUMENTS

Copyright 2001 Knight Ridder/Tribune Business News
Copyright 2001 The News Tribune  
The News Tribune

February 25, 2001, Sunday

KR-ACC-NO: TC-MICROSOFT-CASE

LENGTH: 1370 words

HEADLINE: Crucial Court Date Confronts Microsoft

BYLINE: By Les Blumenthal

BODY:
...officials acted like gang members who remained "unremorseful" after being convicted of brutal murders.
The judge also admitted he was trying to place the appeals court in a virtual straitjacket by sending it a factual record that was a "fait accompli." Jackson said he also took "mild offense" when the same appeals court had overturned his decision in an earlier Microsoft case.
"They could slap him down really hard," Bob Lande, a University of Baltimore law school professor, said of Jackson.
There is no love lost between Jackson and the appeals court. They have tangled before.
Ten years ago, the appeals court reprimanded Jackson after he told a Harvard Law School seminar that a jury had failed to pay attention to the facts when it acquitted former Washington, D.C., Mayor Marion Barry of 13 charges and convicted him of only a ...

FOCUS - 112 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

FEBRUARY 25, 2001, SUNDAY, FINAL EDITION

SECTION: BUSINESS; Pg. D1

LENGTH: 1121 words

HEADLINE: Microsoft Judicial Bias Claim Hits Court;

Appeal of breakup order begins

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...operating systems market, the discussion of Jackson's behavior could prove critical.
 Neither the Justice Department nor Microsoft requested time to discuss Jackson. The fact that the appellate jurists -- who overturned Jackson in a similar Microsoft case in 1998 -- did means that someone on the appellate bench is taking the matter seriously.
 "It shows the Court of Appeals is very
 concerned about his comments and about what it means for his opinion," said Bob Lande, a University of Baltimore law professor who has watched the case closely.
 To be sure, few observers, including Lande, believe the court will decide Microsoft's fate based solely on Jackson's behavior. However, it doesn't bode well for the government and 19 states, including California, that have sued Microsoft.
 CAST NEW LIGHT ON FINDING
 That's because the appeals court may give Jackson's ruling less deference than ...

FOCUS - 113 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

FEBRUARY 25, 2001, SUNDAY, FINAL EDITION

SECTION: BUSINESS; Pg. D1

LENGTH: 1121 words

HEADLINE: Microsoft Judicial Bias Claim Hits Court;

Appeal of breakup order begins

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...operating systems market, the discussion of Jackson's behavior could prove critical.
 Neither the Justice Department nor Microsoft requested time to discuss Jackson. The fact that the appellate jurists -- who overturned Jackson in a similar Microsoft case in 1998 -- did means that someone on the appellate bench is taking the matter seriously.
 "It shows the Court of Appeals is very
 concerned about his comments and about what it means for his opinion," said Bob Lande, a University of Baltimore law professor who has watched the case closely.
 To be sure, few observers, including Lande, believe the court will decide Microsoft's fate based solely on Jackson's behavior. However, it doesn't bode well for the government and 19 states, including California, that have sued Microsoft.
 CAST NEW LIGHT ON FINDING
 That's because the appeals court may give Jackson's ruling less deference than ...

FOCUS - 114 of 389 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

February 23, 2001, Friday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 2249 words

HEADLINE: STILL BILL'S WORLD, OR NOT?;
CHANGES IN INDUSTRY MAY BE A KEY TO WHETHER MICROSOFT GETS OFF HOOK

BYLINE: DAN RICHMAN P-I reporter

BODY:
...a relatively conservative judge."
Richard Parker, the former director of competition at the Federal Trade Commission, said  changed circumstances can in theory justify modifying a court's antitrust judgment, "but I just don't see that here."
Even if changes in the business environment aren't a basis for reversing Jackson's underlying legal conclusions, his own out-of-court statements might be, said Bob Lande, a law professor at the University of Baltimore.
Microsoft asserts that Jackson's  comments, some of which impugned co-founder Bill Gates' ethical standards and legal chief Bill Neukom's legal abilities, reveal a state of mind that may have precluded a fair trial. But remarks Jackson made about the court that will hear the appeal of his ruling may hurt him more.
Jackson said the D.C. Circuit ...

FOCUS - 115 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

February 21, 2001, Wednesday

LENGTH: 871 words

HEADLINE: Starr Warns White House Against Settling Microsoft Case

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, DC, U.S.A.

BODY:
...worked on a friend-of-the-court brief on behalf of an industry trade group with close ties to Microsoft, said this appeal would be the end of the road for the antitrust battle.
"If this case is decided against the Justice Department, the administration will move quickly to settle the case, and it won't go on to the Supreme Court," Liebeler said, adding that the 19 state attorneys general would also not pursue the case.
But Bob Lande, director of the American Antitrust Institute and a  professor of law at the University of Baltimore, said the court's decision was much too complex to predict at this stage. More importantly, he said, the attorneys general would drop their case against Microsoft only if it looked like all sides were disinterested in pursuing the matter.
"If you have the Court of Appeals saying 'no,' and you have the US government and Microsoft saying they've got this really complicated settlement that nobody ...

FOCUS - 116 of 389 DOCUMENTS

Copyright 2001 Investor's Business Daily, Inc.  
 Investor's Business Daily

February 20, 2001

SECTION: A; Pg. 10

LENGTH: 582 words

HEADLINE: LEGAL ISSUES Microsoft Armed With Political Insiders For Antitrust Fight

BYLINE: By, Investor's Business Daily

DATELINE:  WASHINGTON (AP)

BODY:
...reopen talks with the Bush administration.  Paul Clement, a former adviser to Ashcroft; C. Boyden Gray, White House counsel to former President Bush; and Ed Gillespie, an adviser to George W. Bush's presidential campaign, are in the company's camp.  "They add luster to (Microsoft's) side, establishment figures saying that it's not just a bunch of kooky right-wing types that support Microsoft," said Bob Lande, a University of Baltimore School of Law professor.  Of course, neither side expects to win over Congress and the public just with familiar faces. Microsoft and rivals are also big political contributors.  Microsoft gave a total of $ 1,296,079 to Republicans and $ 954,792 to Democrats during the 1999-2000 election cycle, federal records show.  Microsoft's rivals, such as Sun Microsystems, AOL Time Warner and Oracle, gave smaller amounts.  "There's a ...

FOCUS - 117 of 389 DOCUMENTS

Copyright 2001 Chattanooga Publishing Company  
Chattanooga Times Free Press (Tennessee)

February 17, 2001, Saturday

SECTION: BUSINESS; Pg. C5

LENGTH: 743 words

HEADLINE: Microsoft gathers political Who's Who in court contest

BYLINE: D. Ian Hopper, The Associated Press

BODY:
...Clement, a former adviser to Attorney General John Ashcroft when he was a senator; C. Boyden Gray, White House counsel to former President Bush; and Ed Gillespie, an adviser to George W. Bush's presidential campaign, are in the company's camp.
"They add luster to (Microsoft's) side, establishment figures saying that it's not just a bunch of kooky right-wing types that support Microsoft," said Bob Lande, a University of Baltimore School of Law professor who has followed the case.
Of course, neither side expects to get the good will of Congress and the public just with familiar faces. Microsoft and its competitors are also major political contributors.
Microsoft gave a total of $1,296,079 to Republicans and $954,792 to Democrats during the 1999-2000 election cycle, federal records show.
Microsoft's most vocal rivals -- Sun Microsystems, AOL Time ...

PERSON: 
WILLIAM JEFFERSON 'BILL' CLINTON (67%); BOB LANDE (58%); GEORGE W BUSH (58%); GINNY TERZANO (55%); ROBERT HERON BORK (53%); 

FOCUS - 118 of 389 DOCUMENTS

Copyright 2001 The Deseret News Publishing Co.  
Deseret News (Salt Lake City, Utah)

February 16, 2001, Friday

SECTION: BUSINESS; Pg. D10

LENGTH: 803 words

HEADLINE: Microsoft signs up political heavyweights

BYLINE: By D. Ian Hopper Associated Press writer

BODY:
...reopen talks with the Bush administration.
Paul Clement, a former adviser to Ashcroft; C. Boyden Gray, White House counsel to former President Bush; and Ed Gillespie, an adviser to George W. Bush's presidential campaign, are in the company's camp.
"They add luster to (Microsoft's) side, establishment figures saying that it's not just a bunch of kooky right-wing types that support Microsoft," said Bob Lande, a University of Baltimore School of Law professor who has followed the case.
Of course, both sides don't expect to win over Congress and the public just with familiar faces. Microsoft and its competitors are also major political contributors.
Microsoft gave a total of $1,296,079 to Republicans and $954,792 to Democrats during the 1999-2000 election cycle, federal records show.
Microsoft's most vocal rivals -- Sun Microsystems, AOL Time ...

PERSON: 
WILLIAM JEFFERSON 'BILL' CLINTON (92%); GINNY TERZANO (68%); GEORGE W BUSH (63%); BOB LANDE (60%); JOHN MAJOR (57%); JOHN DAVID ASHCROFT (55%); ALBERT GORE JR (52%); 

FOCUS - 119 of 389 DOCUMENTS

Copyright 2001 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

February 15, 2001, Thursday, Home Edition

SECTION: Business; Part C; Page 1; Financial Desk

LENGTH: 668 words

HEADLINE: JUSTICE PROBES MICROSOFT'S STAKE IN CANADIAN RIVAL; 
 INVESTIGATION: THE SOFTWARE GIANT'S $135-MILLION INVESTMENT IN COREL CORP. RAISES CONCERNS ABOUT COMPETITION IN BUSINESS SOFTWARE.

BYLINE: JUBE SHIVER Jr., TIMES STAFF WRITER 

DATELINE: WASHINGTON

BODY:
...who has closely followed Microsoft's antitrust travails.
The investigation, however, is unlikely to stop Microsoft's quest to overturn Jackson's decision.
The government's subpoena is "a very narrow request for information, and we are prepared to cooperate . . . to get their questions resolved," said Microsoft spokesman Jim Cullinan. "It doesn't raise any legal issues" with respect to the giant antitrust case.
"This new Justice Department case is totally separate from the antitrust appeal," agreed Robert Lande, a law professor at the University of Baltimore. But Lande said any finding that Microsoft invested in Corel to end its distribution of Linux would represent a "smoking gun" that could help the government's antitrust appeal.
The landmark antitrust case is scheduled to be argued Feb. 26 and 27 before the U.S. Court of Appeals--a mostly conservative court where Microsoft thinks it might get a sympathetic hearing. And the ...

FOCUS - 120 of 389 DOCUMENTS

Copyright 2001 The Deal L.L.C.  
Daily Deal (New York, NY)

February 12, 2001 Monday

SECTION: M&A

LENGTH: 905 words

HEADLINE: Heinz defends Beech-Nut merger in court;
Beech-Nut merger

BYLINE: by Jaret Seiberg in Washington

BODY:
...recipes and bolstering advertising rather than by acquiring Beech-Nut. Federal law says regulators only should consider efficiencies that depend on a merger.
In response to other questions, Henneberry said the merger would not increase the likelihood for collusion because almost all baby food is sold below list price. That makes it tough to monitor rivals, a situation that would not change post-merger.
Robert Lande, a professor at the University of Baltimore, said he was surprised by how well prepared Garland was for the argument. Based on the questioning, Lande said he believes Garland will side with the FTC. ...

FOCUS - 121 of 389 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

February 10, 2001, Saturday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 716 words

HEADLINE: U.S. APPEALS COURT IN BOSTON GIVES MICROSOFT A BOOST

BYLINE: DAN RICHMAN P-I reporter

BODY:
...Penfield Jackson, who presided over the antitrust trial, should be removed from further involvement in the case.
"Microsoft continues to receive favorable signals from the appeals court," said Hillard Sterling, a Chicago antitrust attorney.
He predicted that Monday's ruling, called In re Boston's Children First, could indicate that some or all Jackson's rulings will be reversed.
But other experts disagreed. University of Baltimore law professor Bob Lande and George Washington University law professor Bill Kovacic said Monday's ruling only ensures that Jackson will be excluded from further proceedings.
Last April, at the end of a historic, 18-month trial, Jackson issued complex and voluminous rulings concluding that Microsoft is an unlawful monopolist. Two months later, after a hearing that Microsoft considers inadequate, he ordered the company broken in half and ...

FOCUS - 122 of 389 DOCUMENTS

Copyright 2001 National Journal Group, Inc.  
National Journal's Technology Daily

AM Edition

February 7, 2001

LENGTH: 166 words

HEADLINE: ANTITRUST: Courts May Criticize Judge's Comments

BODY:
The U.S. Court of Appeals will allow oral arguments regarding
the conduct of District Court Judge Thomas Penfield Jackson
during the initial Microsoft antitrust case, reports Dow Jones
Newswires. AP reports that University of Baltimore School of Law
professor Bob Lande said the court will probably "slap him down"
for his comments to reporters about Microsoft after the trial
ended.

PERSON: 
THOMAS PENFIELD JACKSON (91%); BOB LANDE (72%); 

FOCUS - 123 of 389 DOCUMENTS

Copyright 2001 The News and Observer  
News and Observer (Raleigh, NC)

February 7, 2001 Wednesday, FINAL EDITION

SECTION: BUSINESS; Pg. D6; BUSINESS BRIEFS

LENGTH: 666 words

HEADLINE:  Briefly

BODY:
...summer.
Legal experts said the decision to consider the matter
indicates the appeals court probably will remove Jackson from the
case if it is returned to the district level. That could be a
major blow to the government's efforts.
"That means there's at least one judge, perhaps more, that
cares a lot about Judge Jackson's out-of-court statements, and
they're taking this issue very, very seriously," said University
of Baltimore School of Law professor Bob Lande.

FOCUS - 124 of 389 DOCUMENTS

Copyright 2001 The Seattle Times Company  
The Seattle Times

February 7, 2001, Wednesday Fourth Edition

SECTION: ROP ZONE; News; Pg. A1

LENGTH: 798 words

HEADLINE: Microsoft judge's words draw court's attention

BYLINE: Seattle Times news services and staff

DATELINE: Washington

BODY:
...said the decision to consider Jackson's remarks indicates the court is likely to remove the judge from the case if it is returned to the district-court level.  That could be a major blow to the government's efforts to prove Microsoft used anticompetitive business practices and should be broken up.
"That means there's at least one judge, perhaps more, that cares a lot about Judge Jackson's out-of-court statements, and they're taking this issue very, very seriously," said Bob Lande, a professor at the University of Baltimore School of Law.
Lande predicted the court will probably "slap him down" for his comments to reporters about Microsoft after the trial ended. "He spit in their eye," Lande said of Jackson. "He did it in a legal way when he wrote his own opinion, but his out-of-court statements were just outrageous."
Bill Kovacic, a professor at the George Washington University ...

PERSON: 
THOMAS PENFIELD JACKSON (96%); BILL KOVACIC (67%); BOB LANDE (67%); WILLIAM HENRY 'BILL' GATES III (53%); 

FOCUS - 125 of 389 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

February 07, 2001, Wednesday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 796 words

HEADLINE: MICROSOFT CASE PANEL WANTS TO HEAR ABOUT JUDGE'S REMARKS;
APPEALS COURT ALSO SETS LONGER ARGUMENTS ON MONOPOLY ISSUE

BYLINE: DAN RICHMAN P-I reporter

BODY:
...government" can come from the court's request for 60 minutes - 30 from each side - to hear about Jackson's conduct, Kovacic said. "This is an awkward, embarrassing intramural tiff to address in open court, and it (the decision to do so) shows they regard it as serious and troublesome," he said.
The court could dismiss the case, reverse it in part or completely, or send parts of the case back to the trial court.
Kovacic and Bob Lande, a University of Baltimore law school professor, predicted that the appeals court won't say Jackson's behavior was so flagrant it requires reversing the case completely. But, they said, it will doom the remedy that the Justice Department and 17 of the 19 states ardently sought.
After ruling in April that Microsoft is an unlawful monopolist, Jackson in June cut short the court proceedings and ordered the company ...

FOCUS - 126 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

February 6, 2001, Tuesday

LENGTH: 516 words

HEADLINE: Court Allots Extra Time For Microsoft Breakup Arguments

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
Robert Lande, a law professor at the University of Baltimore and director of the American Antitrust Institute, said the additional time is significant because it signals that the appeals court may be lending more weight to  Microsoft's claim that it was not given a fair shake when Judge Jackson  Refused to hold hearings on the breakup remedy following his decision.
In all of its prior briefs filed with the DC Court of Appeals, Microsoft had asked   ...

FOCUS - 127 of 389 DOCUMENTS

Copyright 2001 National Journal Group, Inc.  
National Journal's Technology Daily

PM Edition

January 29, 2001

LENGTH: 514 words

HEADLINE: ANTITRUST: "> Microsoft Maintains Judge Jackson Is Biased

BYLINE: Drew Clark

BODY:
...unless the findings are clearly
erroneous. ... What I want to do is confront the Court of
Appeals with an established factual record [that] is a fait
accompli. And part of the inspiration for doing that is that I
take mild offense at their reversal of my preliminary injunction
in the consent-decree case, where they went ahead and made up
about 90 percent of the facts on their own.'"
Commenting on the quotation, University of Maryland
antitrust expert Bob Lande said such comments by Jackson were
"like spitting in the eye of the Court of Appeals and
practically daring them" to reverse his decision.
"It shows very good lawyering by Microsoft, which is
basically saying [to the appeals court], 'Your honors, don't
give much deference to this man,'" said Lande. Appeals courts
generally give great leeway to such findings even if they
disagree with the court's legal conclusions.
Microsoft also cites Jackson's comments to Auletta ...

PERSON: 
THOMAS PENFIELD JACKSON (96%); KEN AULETTA (90%); BOB LANDE (55%); 

FOCUS - 128 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

January 25, 2001, Thursday

LENGTH: 484 words

HEADLINE: New Law Exempts Many Smaller Mergers From Antitrust Review

BYLINE: Brian Krebs; Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...100 million, to a fee of $280,000 for transactions valued at $500 million or more.
The new law also limits the amount of "second request" documents the  Federal Trade Commission (FTC) and Justice Department may require if  it calls for additional paperwork during the H-S-R review. It also  requires the Antitrust Division and the FTC to file a report to Congress  on the second request process.
Robert Lande, a law professor at the University of Baltimore and  director of the American Antitrust Institute, said that while the $45,000 filing fee has become something of a burden for many small businesses, the second request process can in many ways be much more expensive for  companies in terms of the legal advice and sheer number of hours needed  to dig up all of the relevant documents.
"Second requests ...

PERSON: 
ROBERT LANDE (81%); 

FOCUS - 129 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

January 25, 2001, Thursday

LENGTH: 805 words

HEADLINE: New Law Means Fewer Antitrust Reviews - Update

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...during the H-S-R review. It also requires  the antitrust agencies to file a report to Congress on the second request process.  The remaining statutes will not change; antitrust agencies still have just 30 days  from the time of filing to decide whether to issue a second request. They must  then decide - within 20 days of receiving the additional information - whether to take the parties to court in order to prevent the transaction.
Robert Lande, a law professor at the University of Baltimore and  director of the American Antitrust Institute, said while the $45,000 filing fee has become something of a burden for many small businesses, the second request process can in many ways be much more expensive for companies in terms of the legal advice and sheer number of hours needed to dig up all of the relevant documents.
"Second requests ...

PERSON: 
ROBERT LANDE (63%); 

FOCUS - 130 of 389 DOCUMENTS

Copyright 2001 The New York Law Publishing Company  
The National Law Journal

January 22, 2001

SECTION: CORPORATE BRIEF; Pg. B1

LENGTH: 958 words

HEADLINE: Bush impact on Microsoft is uncertain

BYLINE: BY JONATHAN GRONER, AMERICAN LAWYER MEDIA NEWS SERVICE

DATELINE: WASHINGTON

BODY:
...a breakup.
"The states are full parties and have full authority to proceed on their own," he says.  "If there's a settlement offer that the federal government would entertain, the states would look at it and insist that any settlement include fundamental change by Microsoft in how it uses its enormous market power."
The prospect of the federal government's making a deal opens up some interesting scenarios.
One possibility, says Robert Lande, an antitrust professor at the University of Baltimore School of Law, is "a small win" for the government at the circuit after the Feb. 26-27 oral arguments.
The appeals court could find that Microsoft violated the law but toss out Judge Jackson's breakup order as unworkable, unjustified or likely to wreak havoc in the computer industry.  It could then send the case down for a different remedy. ...

FOCUS - 131 of 389 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

January 20, 2001, Saturday , FINAL

SECTION: BUSINESS, Pg. C1

LENGTH: 1097 words

HEADLINE: MICROSOFT COULD GET OFF EASY WITH BUSH;
MANY OBSERVERS FEEL BREAKUP NOW UNLIKELY

BYLINE: DAN RICHMAN P-I reporter

BODY:
But worriers can rest easy, say some experts. On Bush's watch, Microsoft will probably escape all but minor punishment.
"The odds of any kind of breakup are so low as to barely be worth talking about," said Bob Lande, a professor at the University of Baltimore law school.
If this were a movie, the script would call for the new administration to swoop in and sweep the case away. That won't happen, onlookers predict. A sudden federal withdrawal from the case would be politically problematic - and possibly unnecessary in view of how the case may be resolved.
The U.S. Court of Appeals for the D.C. Circuit is set to hear oral arguments on Feb. ...

PERSON: 
THOMAS PENFIELD JACKSON (87%); GEORGE W BUSH (77%); BOB LANDE (74%); 

FOCUS - 132 of 389 DOCUMENTS

Copyright 2001 American Lawyer Media, L.P.  
Fulton County Daily Report

January 19, 2001, Friday

LENGTH: 1279 words

HEADLINE: Hail to the Chief?

BYLINE: The new president may not easebattle for Microsoft Jonathan Groner, American Lawyer Media

BODY:
...full authority to proceed on their own," says Brammer. "If there's a settlement offer that the federal government would entertain, the states would look at it and insist that any settlement include fundamental change by Microsoft in how it use s its enormous market power."
'A Small Win'
The prospect of the federal government making a deal opens up some interesting scenarios.
One possibility, says Robert Lande, an antitrust professor at the University of Baltimore Law School, is "a small win" for the government at the circuit after the Feb. 26-27 oral argument.
For example, the appeals court could find that Microsoft violated antitrust laws, but still toss out Jackson's breakup order as unworkable, unjustified by the facts, or likely to wreak havoc in the computer industry. It could then send the case ...

PERSON: 
EDDIE GEORGE (74%); EDWARD ALAN JOHN GEORGE (74%); GEORGE W BUSH (74%); JOHN DAVID ASHCROFT (72%); ROBERT LANDE (65%); THOMAS PENFIELD JACKSON (58%); 

FOCUS - 133 of 389 DOCUMENTS

Copyright 2001 The Deal L.L.C.  
Daily Deal (New York, NY)

January 17, 2001 Wednesday

SECTION: M&A

LENGTH: 359 words

HEADLINE: Ashcroft vows to enforce antitrust laws

BYLINE: by Jaret Seiberg in Washington

BODY:
"I can tell you that I believe competition is very important," Ashcroft was quoted by Reuters as saying.
He vowed to "maintain the right competition" but noted that the Justice Department has limited jurisdiction. "It has to be based on facts and a thorough investigation of the situation," he said.
Ashcroft did not comment directly on either the UAL-US Airways or the AMR-TWA deals.
Robert Lande, a senior research fellow for the American Antitrust Institute and a professor at the University of Baltimore law school, said the comments were encouraging.
"This shows he is at least open minded and willing to entertain the possibility that these airline mergers might diminish competition," said Lande, whose group supports greater enforcement of antitrust laws. "Often when a person experiences less competition, such as Ashcroft in the St. Louis airport, ...

PERSON: 
JOHN DAVID ASHCROFT (95%); ROBERT LANDE (62%); 

FOCUS - 134 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

January 16, 2001, Tuesday

LENGTH: 752 words

HEADLINE: Microsoft Wins Half The Battle Against Overcharge Accusations

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...Hausfeld said, while the judge may have nullified many of the claims for monetary damages, he recognized each consumers' right to injunctive relief under the Illinois Brick precedent, which - if found in favor of the plaintiffs - could force Microsoft to unbundle its Internet Explorer browser  from its Windows operating system.
"So, many of the same cases Motz dismissed under are now back in his court  for injunctive relief," Hausfeld said.
Bob Lande, a professor of law at the University of Baltimore and director of the American Antitrust Institute, said the injunctive relief was merely window dressing, since few consumers go through the trouble of pursuing a class-action case if there is no pot of money at the end of the trial.
On the other hand, Lande said, if plaintiffs in the 17 states that have passed  repealer law can show that Microsoft raised the cost of its ...

PERSON: 
MICHAEL HAUSFELD (68%); BOB LANDE (60%); FREDERICK MOTZ (60%); 

FOCUS - 135 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

JANUARY 16, 2001, TUESDAY, FINAL EDITION

SECTION: BUSINESS; Pg. D1

LENGTH: 1262 words

HEADLINE: Ashcroft Unlikely to Drop Microsoft Case;

But experts say he might turn down heat

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...court, which is scheduled to hear oral arguments in the case in late February, could overturn significant portions of Jackson's ruling. If that happens, the Ashcroft-appointed head of the antitrust division could simply push for a settlement.
 "It's hard to kill an ongoing case, but a conservative head of antitrust could let the Court of Appeals rule -- the Court of Appeals will probably dismiss most of (Jackson's ruling)," said Bob Lande, law professor at the University of Baltimore. "Then afterward, they wouldn't appeal to the Supreme Court. And they could settle the case on very easy terms for Microsoft."
 The antitrust division would not comment on Ashcroft's potential effect on the Justice Department or the case.
 Ashcroft himself has remained silent on the topic since his nomination, which comes on the heels of his defeat for U.S. Senate re-election. And while his conservative roots lead ...

FOCUS - 136 of 389 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

January 15, 2001, Monday, FINAL EDITION

SECTION: MONEY; Pg. 2B

LENGTH: 490 words

HEADLINE: Microsoft appeal puts prosecutors on the defensive

BYLINE: Paul Davidson

BODY:
...government disagrees with Microsoft's contention that Jackson
was obliged to hold more hearings on such a sanction.
It cites other antitrust cases that did not feature separate remedy
hearings, adding, "Microsoft had early notice that it might face
stern remedies and had time to prepare arguments."
Yet while Jackson's decision will not be thrown out, "He's going
to get less deference" from the appeals court because of his
comments, says Bob Lande of the University of Baltimore Law School.
Jackson's recent statement that the appeals court, in a related
case, "made up 90% of the facts on their own," will not ingratiate
him with the judges, says William Kovacic of the George Washington
University Law School.
The government also says Jackson, in ruling that Microsoft illegally
tied its browser to Windows, correctly relied on Supreme Court
antitrust decisions.
Meanwhile, a ...

FOCUS - 137 of 389 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

JANUARY 13, 2001, SATURDAY, FINAL EDITION

SECTION: BUSINESS; Pg. D1

LENGTH: 1062 words

HEADLINE: Government Defends Microsoft Judge;

Justice Department denies bias allegations

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...spokesman Jim Cullinan said.
 Microsoft's brief argued that Jackson's ruling was "infected with error."
 "To sanction Microsoft for improving its products and promoting and distributing them vigorously . . . would stifle innovation and chill competition," the company's appeal stated.
 Some legal pundits believe Jackson's comments put Microsoft on firm legal ground.
 "Early on Jackson didn't believe anything Microsoft said," University of Baltimore law professor Bob Lande said. "Now Jackson is blowing his own credibility. It's unprecedented and unjudicial."
 However, Jackson's comments aren't the only ones being watched closely.
 Bush, who will be sworn in as President Clinton's successor on Jan. 20, has sent mixed messages about the case. Bush has indicated concerns about government action stifling innovation -- a stance that appears to favor Microsoft opposition to a government-mandated ...

FOCUS - 138 of 389 DOCUMENTS 

Copyright 2001 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

January 12, 2001 Friday FINAL EDITION 

SECTION: TELEGRAPH, Pg. 2A SUN JOURNAL 

LENGTH: 492 words 

HEADLINE: Mergers grounding competition 

BYLINE: Paul Adams 

SOURCE: SUN STAFF 

BODY: 
...in the early 1980s, when airlines such as People Express entered the market. But the pressure to lower fares and develop ever-larger networks favored the airlines that largely dominated the skies before 1979. In other words, airlines such as American and United.
 By 1986, mergers were claiming victims at an accelerating pace while the Reagan administration nodded its approval.
 "The airline mergers in the 1980s turned out to be disasters," says Bob Lande, an antitrust expert at the University of Baltimore Law School. The mergers have led to the industry being dominated by a small number of airlines, squeezing smaller competitors out of hub cities and making it difficult for upstarts to enter the market.
 It's too early to say how the incoming Bush administration will treat the latest round of airline consolidation. But consumer groups and key members of Congress ...

FOCUS - 139 of 389 DOCUMENTS

Copyright 2001 Gale Group, Inc.
 ASAP
Copyright 2001 Paddock Publications  
Daily Herald (Arlington Heights, IL)

January 12, 2001

SECTION: Pg. NSBT14608130

IAC-ACC-NO: 69073437

LENGTH: 664 words

HEADLINE: Govt Brief To Defend Judge's Microsoft Breakup Decision.

BODY:
 Robert Lande, a professor of law at University of Baltimore, said the government cannot afford to brush over the accusations of Jackson's misconduct in its filing, due to the appeals court on Friday.
 "It's fine for Jackson to say he listened to (Microsoft lawyers) for a year and they're a bunch of liars, because - while we may not be used to hearing it in such strong terms - those are the sorts of decisions judges are called ...

PERSON: 
Jackson, Thomas Penfield  THOMAS PENFIELD JACKSON (95%); ROBERT LANDE (68%); 

FOCUS - 140 of 389 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

January 11, 2001, Thursday

LENGTH: 666 words

HEADLINE: Govt Brief To Defend Judge's Microsoft Breakup Decision

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
Robert Lande, a professor of law at University of Baltimore, said the government cannot afford to brush over the accusations of Jackson's misconduct in its filing, due to the appeals court on Friday.
"It's fine for Jackson to say he listened to (Microsoft lawyers) for a year and they're a bunch of liars, because - while we may not be used to hearing it in such strong terms - those are the sorts of decisions judges are called ...

PERSON: 
THOMAS PENFIELD JACKSON (95%); ROBERT LANDE (68%); 

FOCUS - 141 of 389 DOCUMENTS

Copyright 2001 The Deal L.L.C.  
Daily Deal (New York, NY)

January 8, 2001 Monday

SECTION: M&A

LENGTH: 1308 words

HEADLINE: Politicians attack airline tie-ups

BYLINE: by Jaret Seiberg in Washington

BODY:
...support for having American Airlines provide pilots and lease aircraft to D.C. Air, rather than having those tasks fall to United.
But Kovacic said regulators are likely to object to the shuttle deal. This is because each carrier will operate half of the shuttle flights, with consumers being allowed to use tickets issued by each on the other's flights. The problem is this effectively eliminates price competition between the carriers because the tickets are interchangeable, he said.
Robert Lande, a professor at the University of Baltimore law school and senior research fellow at the American Antitrust Institute, said the fact that American feels compelled to buy TWA could convince regulators that the United-US Airways deal will result in wave of dealmaking in the industry. This could convince them to stop all the deals, he said.
"If you were right on the margins, this should be a tipping factor in terms of killing the United-US ...

FOCUS - 142 of 389 DOCUMENTS

Copyright 2001 American Lawyer Newspapers Group Inc.  
Legal Times

January 8, 2001, Monday

SECTION: NationalNews; Pg. 17

LENGTH: 1296 words

HEADLINE: Bush Win May Not Ease Battle for Microsoft

BYLINE: Jonathan Groner

BODY:
...parties and have full authority to proceed on their own," says Brammer. "If there's a settlement offer that the federal government would entertain, the states would look at it and insist that any settlement include fundamental change by Microsoft in how it uses its enormous market power."
'A Small Win'
The prospect of the federal government making a deal opens up some interesting scenarios.
One possibility, says Robert Lande, an antitrust professor at the University of Baltimore Law School, is "a small win" for the government at the circuit after the Feb. 26-27 oral argument.
For example, the appeals court could find that Microsoft violated antitrust laws, but still toss out Jackson's breakup order as unworkable, unjustified by the facts, or likely to wreak havoc in the computer industry. It could then send the case ...

PERSON: 
GEORGE W BUSH (80%); EDWARD ALAN JOHN GEORGE (74%); EDDIE GEORGE (74%); JOHN DAVID ASHCROFT (70%); ROBERT LANDE (68%); THOMAS PENFIELD JACKSON (57%); 

FOCUS - 143 of 389 DOCUMENTS

Copyright 2001 American Lawyer Newspapers Group Inc.  
Legal Times

January 8, 2001, Monday

SECTION: NationalNews; Pg. 17

LENGTH: 1301 words

HEADLINE: Bush Win May Not Ease Battle for Microsoft

BYLINE: Jonathan Groner

BODY:
...parties and have full authority to proceed on their own," says Brammer. "If there's a settlement offer that the federal government would entertain, the states would look at it and insist that any settlement include fundamental change by Microsoft in how it uses its enormous market power."
'A Small Win'
The prospect of the federal government making a deal opens up some interesting scenarios.
One possibility, says Robert Lande, an antitrust professor at the University of Baltimore Law School, is "a small win" for the government at the circuit after the Feb. 26-27 oral argument.
For example, the appeals court could find that Microsoft violated antitrust laws, but still toss out Jackson's breakup order as unworkable, unjustified by the facts, or likely to wreak havoc in the computer industry. It could then send the case ...

PERSON: 
GEORGE W BUSH (80%); EDWARD ALAN JOHN GEORGE (74%); EDDIE GEORGE (74%); JOHN DAVID ASHCROFT (70%); ROBERT LANDE (68%); THOMAS PENFIELD JACKSON (57%); 

FOCUS - 144 of 389 DOCUMENTS

Copyright 2000 The New York Times Company  
The New York Times

December 28, 2000, Thursday, Late Edition - Final

SECTION: Section C; Page 1; Column 4; Business/Financial Desk 

LENGTH: 1737 words

HEADLINE: TECHNOLOGY: High-Technology Stew;
D.S.L. Service For Linking to Internet Is Problem Ridden

BYLINE: By SIMON ROMERO 

BODY:
...encouraging competition among service providers, local telephone companies and regional Baby Bells like Verizon and SBC Communications. But the competition threatens to swamp the small companies that compete with the Bells and has contributed to a wave of customer dissatisfaction with delays in installing and repairing D.S.L. service
"If there is anything regulators can take away from looking at competition in the D.S.L. industry, it is that the devil is in the details," said Robert Lande, a professor at the University of Baltimore Law School and director of the American Antitrust Institute. "We understand now that simply fostering competition is not enough."
While D.S.L., which uses regular copper telephone lines, is a different technology from the coaxial or fiber optic cable networks used by the future AOL Time Warner, the aim of both is the same: to provide high-speed Internet access to homes and businesses.
Unlike ...

FOCUS - 145 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

December 19, 2000 Tuesday

SECTION: M AND A

LENGTH: 632 words

HEADLINE: Tough antitrust review to hit Seagram deal

BYLINE: By Jaret Seiberg in Washington

BODY:
Diageo plc's joint acquisition with Groupe Pernod Ricard of Seagram Co.'s distilled spirits and drinks business is expected to encounter stiff antitrust opposition, competition policy experts said Tuesday.
"This could be long and complex," said Robert Lande, a senior research fellow at the American Antitrust Institute and a professor at the University of Baltimore law school. "It is going to require a lot of data and a lot of time. It is a big one."

FOCUS - 146 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

December 14, 2000, Thursday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 370 words

HEADLINE: Antitrust: Justice may soften stance on Microsoft and mergers

BYLINE: Paul Davidson

BODY:
...Kovacic of George Washington University
Law School, adding the political fallout would be "extraordinary."
A Bush-led Justice could settle the case on more favorable terms
for Microsoft if a Washington, D.C., appeals court next year overturns
the breakup. Nineteen states vow to take the case to the Supreme
Court if necessary. But a Justice settlement would "make it look
a lot weaker," says Bob Lande of the University of Baltimore
Law School.
A Republican-leaning antitrust team also might be softer on mergers.
Clinton's regulators are requiring Time Warner to open its cable
lines to rival Internet services as a condition of approving its
merger with America Online. Bush appointees "probably would not
be as demanding," Kovacic says. Most observers expect the FTC
to approve the merger today so it would not be affected by the
new ...

FOCUS - 147 of 389 DOCUMENTS

Copyright 2000 Cahners Business Information, a division of Reed Elsevier Inc.
All Rights Reserved  
 Broadcasting & Cable

December 04, 2000
Correction Appended

SECTION: Top of the Week; Pg. 16

LENGTH: 344 words

HEADLINE: Voter News Service called into question;
NBC, Fox News threaten to bolt, and an activist group wants a Justice Department probe of the election-night foul-up

BYLINE: ByDan Trigoboff

BODY:
...Previous policies, after talks with Congress, delayed calls only until most polls in a state were closed. ABC News made a similar pledge Nov. 22.
The American Antitrust Institute blamed the Voter News Service for the absence of competition in exit polling for the erroneous election results. In a letter to the Justice Department's Antitrust Division, AAI Senior Scholar Robert H. Lande, a professor of law at the University of Baltimore, said that "The Voter News Service fiasco makes us wonder whether things have gotten to the point where a mistake or bias will not be corrected by the normal give and take of competition among media firms. There is, however, a solution that will at least move us in the right direction: The antitrust enforcers should break up the Voter News Service." Until 1990, the ...

CORRECTION-DATE: December 11, 2000

CORRECTION:
CORRECTION
An article on Voter News Service (Dec. 4,) says that Fox News made a commitment in late November to refrain from calling the results of a state on election night until all the polls in that state are closed. Fox News had made that commitment earlier, on Nov. 10.

FOCUS - 148 of 389 DOCUMENTS

Copyright 2000 Crain Communications Inc.  
Electronic Media

December 4, 2000, Monday

SECTION: Pg. 1A

LENGTH: 1125 words

HEADLINE: Networks put VNS under hot lights over Fla.

BYLINE: DOUG HALONEN

BODY:
...said, were corrected shortly after 2 a.m.
''How come the networks didn't get the word?'' Ms. Allen said.
Said Mr. Gottlieb, ''Sometimes, when you cut costs, this is what happens.''
In the wake of all the hubbub, the watchdog American Antitrust Institute asked the Federal Trade Commission and Department of Justice last week to break up VNS on antitrust grounds.
''We had no idea this organization (VNS) existed,'' said Bob Lande, a director of the institute and a professor at the University of Baltimore School of Law.
''In areas like media, it's especially important to have competition,'' he said. ''Diversity of ideas is fundamental to democracy.''

FOCUS - 149 of 389 DOCUMENTS

Copyright 2000 Community Television Foundation 
of South Florida, Inc.  
The Nightly Business Report

SHOW: NIGHTLY BUSINESS REPORT (NPR 6:30:00 pm ET)

December 4, 2000

Transcript # 00120400-118  

SECTION: Business

LENGTH: 4076 words

HEADLINE: Nightly Business Report>

GUESTS: James Thornhill

BYLINE: Paul Kangas, Susie Gharib

BODY:
...sales and an increasing number of repeat customers, eToys has yet to make a single dollar in profits. In its four year history, eToys has lost about $300 million. Besides the red ink, what alarms analysts is that the company continues to borrow money to finance its day to day operations. At its present burn rate, analysts say eToys will run out of cash by next summer.
 
 ROBERT LANDES, CO-CHAIRMAN, GUIDANCE SOLUTIONS: I think this Christmas could possibly be a make or break for them.
 
 ANSON: Robert Landes is an online business developer who says eToys still hasn't proven its ballots model works.
 
 LANDES: Unfortunately, I don't have a lot of hope for eToys from a financial standpoint. And it's not because the management and the company isn't terrific and that the site isn't wonderful. But unfortunately there's one thing that eToys can't change and that's gross margin.
 
 ANSON: But eToys claims its margins are improving and the company ...

FOCUS - 150 of 389 DOCUMENTS

Copyright 2000 The Chronicle Publishing Co.  
The San Francisco Chronicle

NOVEMBER 30, 2000, THURSDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 1358 words

HEADLINE: Splitting Up Is Hard To Do;

Few still believe Microsoft will be divided in half

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...view is George W. Bush. If the election is finally decided in his favor, Bush could fundamentally change the course of the case by appointing agency directors and jurists with a more hands-off approach to regulating business.
 "A more conservative Court of Appeals and Supreme Court are probably going to say (Microsoft's) conduct did go over the line, but we don't think it went that far over the line," said Bob Lande, a law professor at the University of Baltimore.
 Others credit the change in attitude to a clearer view afforded by hindsight. In particular, some legal pundits have criticized Jackson's handling of the final stages of the case and say it puts Microsoft on firm legal ground.
 In determining the breakup order, Jackson didn't allow a single day of hearings -- a fact that shocked ...

FOCUS - 151 of 389 DOCUMENTS

Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

November 29, 2000, Wednesday, Home Edition

SECTION: News; Pg. 9A

LENGTH: 600 words

HEADLINE: NOTEBOOK;
 ELECTION 2000 PRESIDENTIAL RACE

BYLINE: From News Services

SOURCE: CONSTITUTION

BODY:
...contributed to the major TV networks' making the same mistakes in declaring an early winner of the presidential race in Florida.
The five networks --- ABC, CBS, NBC, Fox and CNN --- and The Associated Press combined their exit polling operations in the consortium in 1990 to save money.
"Since they all relied upon the same pooled data, they all made the same error," University of Baltimore law professor Robert Lande wrote for the American Antitrust Institute.

FOCUS - 152 of 389 DOCUMENTS

Copyright 2000 The Dallas Morning News  
The Dallas Morning News

November 29, 2000, Wednesday THIRD EDITION

SECTION: NEWS; Pg. 22A; POLITICAL BRIEFS

LENGTH: 923 words

HEADLINE: POLITICAL BRIEFS

SOURCE: From wire reports

BODY:
...presidential election arguments.
 Group urges breakup of media's voter service
 WASHINGTON - An antitrust advocacy group urged the Justice Department to try to break up Voter News Service, arguing the joint venture contributed to the major television networks' making the same mistakes in declaring a winner of the presidential race in Florida.
 Writing for the American Antitrust Institute, University of Baltimore law professor Robert H. Lande said the five television networks - ABC, CBS, NBC, Fox and CNN - and The Associated Press combined their exit polling operations in the joint venture to save money. "Since they all relied upon the same pooled data, they all made the same error," Mr. Lande wrote.
 Justice Department spokeswoman Gina Talamona said Tuesday, "Like any letter we receive, we'll take a look at ...

FOCUS - 153 of 389 DOCUMENTS

Copyright 2000 National Journal Group, Inc.  
National Journal's Technology Daily

AM Edition

November 29, 2000

LENGTH: 196 words

HEADLINE: COURTS: The Morphing Of Microsoft

BODY:
...ensured that he will play no
further role in prosecuting the Microsoft case for the
government should George W. Bush become president, legal experts
said. "Gauging the odds of Gore's chief spokesman in the
bitterly contested Florida election battle being the chief
advocate for the Bush administration in their most important
case...it's not going to happen," University of Baltimore Law
School professor Bob Lande said.

FOCUS - 154 of 389 DOCUMENTS

Copyright 2000 Bergen Record Corp.  
The Record (Bergen County, NJ)

November 29, 2000, WEDNESDAY; ALL EDITIONS

SECTION: NEWS; Pg. A10

LENGTH: 246 words

HEADLINE: DISMANTLING OF EXIT-POLLING VENTURE URGED

BYLINE: The Associated Press

DATELINE: WASHINGTON

BODY:
An antitrust advocacy group urged the Justice Department to try to
 break up Voter News Service, arguing the joint venture contributed to
 the major television networks making the same mistakes in declaring a
 winner of the presidential race in Florida.
 Writing for the American Antitrust Institute, University of
 Baltimore law professor Robert H. Lande said that the five television
 networks, ABC, CBS, NBC, Fox, and CNN, and The Associated Press
 combined their exit-polling operations in the joint venture to save
 money.

PERSON: 
GEORGE W BUSH (71%); ROBERT H LANDE (69%); GEORGE WALKER BUSH (64%); ALBERT GORE JR (53%); 

FOCUS - 155 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

November 29, 2000, Wednesday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 505 words

HEADLINE: Time Warner resists FTC demands to share content Merger with AOL on the line as companies fight for right to exclusivity

BYLINE: Paul Davidson

BODY:
...Access Project. Or, he says, the
companies could extract an exorbitant price for the programming.
The companies believe the FTC would have a weak case, because
Time Warner's share of the movie and music markets is under 20%.
Estimates of its share of the magazine market generally fall below
30%. Dixon says it's 40%.
"You generally wouldn't hamper competition unless you can foreclose
a significant percentage of the market," says law professor Bob
Lande of the University of Baltimore. That threshold is typically
35%, legal experts say.
Others say the standard is not so rigid. "If the content is important
enough to some ISPs, it could drive them below critical mass if
they don't have it," says lawyer Mark Popofsky of Kaye Scholer.
In the 1980s, the Justice Department sued Time Warner because
it withheld HBO from satellite providers that competed with its
cable systems. The company agreed to stop the ...

FOCUS - 156 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

November 28, 2000 Tuesday

SECTION: BANKRUPTCIES

LENGTH: 727 words

HEADLINE: Ahold?s supermarket sweep could trip antitrust rules

BYLINE: by Garry Piggott in Amsterdam and Jaret Seiberg in Washington

BODY:
...Federal Trade Commission blocked Ahold's bid for Pathmark Stores Inc. on antitrust grounds. The agency charged that the acquisition of 50 to 100 outlets from Pathmark would allow Ahold to cement its hold on the New York region's grocery market.
Grand Union, though smaller than Pathmark, also operates in metropolitan New York. For this reason, the Ahold deal is expected to receive tough antitrust scrutiny from the FTC.
Robert Lande, senior research fellow at the American Antitrust Institute and a professor at the University of Baltimore, said it is impossible to know the full extent of the antitrust troubles until Ahold discloses the exact locations of the Grand Union assets it is purchasing.
"Yet," he said, "the Dutch retailer could have a better chance of winning approval for the Grand Union deal than it did for the Pathmark purchase."
Under the so-called ...

PERSON: 
ROBERT LANDE (72%); 

FOCUS - 157 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

November 28, 2000, Tuesday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 470 words

HEADLINE: Microsoft appeal claims judicial bias Justice Dept. says public remarks merely repetition of those found in ruling

BYLINE: Paul Davidson

BODY:
...Gates and suggested the breakup was necessary
because the billionaire never conceded he did anything wrong.
Jackson had no comment Monday. But people familiar with the government's
case say he did not violate judicial ethics: He simply reiterated
comments in his ruling.
Jackson's conduct could well prompt the appeals court to "give
him less deference on close calls," such as whether Microsoft
illegally hobbled a rival Internet browser from Netscape Communications,
says Bob Lande of the University of Baltimore Law School.
That, along with the Washington appeals court's conservative leanings,
sharply reduces the likelihood of a breakup, as well as some of
Jackson's harshest curbs on the software titan's practices, says
Bill Kovacic of George Washington University Law School.
Disagreeing was Mike Pettit, director of ProComp, an anti-Microsoft
lobbying group, who noted that trial judges must be given great
deference ...

FOCUS - 158 of 389 DOCUMENTS

Copyright 2000 The Washington Post  
 The Washington Post

November 28, 2000, Tuesday, Final Edition

SECTION: FINANCIAL; Pg. E01

LENGTH: 1425 words

HEADLINE: Microsoft Filing Critical Of Judge; Company Seeks Reversal of Ruling

BYLINE: James V. Grimaldi , Washington Post Staff Writer

BODY:
...Microsoft would interweave legal arguments with factual support from the record inconsistent with what the judge found," said Jonathan Baker, a professor of antitrust law at American University. "They implicitly recognize that in order to win they need the appeals court to find that the findings of fact were clearly erroneous. That's a tough standard to meet on appeal for a defendant who lost at the district court level."
Antitrust specialist Bob Lande of the University of Baltimore law school believes Microsoft's appeal strategy is to attack Jackson in an attempt to meet a steep legal standard that the judge's findings were "clearly erroneous."
"The main thing is to have all of his findings of fact to be given somewhat less deference," Lande said.
Yesterday's court filing marked the strongest attack to date on the decisions and actions of Jackson. The trial he oversaw, the company lawyers said, "went ...

FOCUS - 159 of 389 DOCUMENTS

Copyright 2000 The Washington Post  
 The Washington Post

November 27, 2000, Monday, Final Edition

SECTION: FINANCIAL; Pg. E08

LENGTH: 1391 words

HEADLINE: HEARSAY: The Lawyer's Column; Battle of the Titans: A Post-Election Slugfest of Epic Proportions Is Taking Shape

BYLINE: James V. Grimaldi, Washington Post Staff Writer

BODY:
...forgotten her electronic card key, and on weekends all the doors were locked. The garage door was also locked.
They were trapped.
Thank goodness for cell phones. "We would have been stuck, because we couldn't have gotten to the elevators or out of the garage," Messenbaugh said. They phoned the senior lawyers in the Democrats' war room. They were freed and made it to the courthouse with 10 minutes to spare.
Voter News Service Under Fire
University of Baltimore antitrust law Prof. Robert H. Lande wants federal trustbusters to take aim at a new target: Voter News Service.
Voter News Service (VNS) is the consortium of news organizations that pays for exit polling to forecast winners in elections. Voter News Service is red-faced after wrongly predicting the winner in Florida, which VNS called first for Gore, then for Bush, then too-close-to-call.
Lande and the American Antitrust ...

FOCUS - 160 of 389 DOCUMENTS

Copyright 2000 The Washington Post  
 The Washington Post

November 26, 2000, Sunday, Final Edition

SECTION: FINANCIAL; Pg. H01

LENGTH: 1468 words

HEADLINE: Now It's Microsoft vs. the Judge; In Appeal of Case, Company Is Likely to Target Jackson's Conduct

BYLINE: James V. Grimaldi , Washington Post Staff Writer

BODY:
...direct appeal to the U.S. Supreme Court this year, and this filing is Microsoft's first opportunity to directly challenge Jackson's rulings and behavior in court.
Many antitrust scholars who have followed the case, including some who side with the government, believe that Jackson's statements to the press and his failure to hold a hearing before deciding to order a breakup of Microsoft could make his overall ruling somewhat more vulnerable on appeal.
Bob Lande, a professor of antitrust law at the University of Baltimore who often attended the 78-day trial, said the judge's behavior might influence the court's review of Jackson's factual findings. Lande said Jackson's conduct also could influence the judge's decision that Microsoft maintained a monopoly even though its contracts with certain Internet companies were legal because they did not totally shut out competitors.
"On some of those questions, you might ...

FOCUS - 161 of 389 DOCUMENTS

Copyright 2000 Post-Newsweek Business Information, Inc.  
Newsbytes

November 22, 2000, Wednesday

LENGTH: 716 words

HEADLINE: Microsoft Fires First Salvo With Appeal Court On Monday

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...circuit to be allowed to file their principle briefs jointly  for a total of 150 pages. The DC Circuit has not yet issued a ruling  on that motion.
On Jan. 29, Microsoft will have 75 pages with which to reply to the  government's filing. Any additional briefs will be due Feb. 9. The court  has set aside two days - Feb. 26 and 27 - to hear oral arguments in  the case.
Robert Lande, director of the American Antitrust Institute and a professor of law at the University of Baltimore said Microsoft's first brief could include what's known as a "recusal motion," wherein the company could argue that Judge Thomas Penfield Jackson - the presiding justice in the lower court  ruling - was biased in his decision to find for the government and split  the company in two.
"What they could do is try to bring up Jackson's somewhat (injudicious) statements in a ...

PERSON: 
THOMAS PENFIELD JACKSON (92%); ROBERT LANDE (78%); 

FOCUS - 162 of 389 DOCUMENTS

Copyright 2000 Post-Newsweek Business Information, Inc.  
Newsbytes

November 22, 2000, Wednesday

LENGTH: 716 words

HEADLINE: Microsoft Fires First Salvo With Appeals Court On Monday

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...circuit to be allowed to file their principle briefs jointly  for a total of 150 pages. The DC Circuit has not yet issued a ruling  on that motion.
On Jan. 29, Microsoft will have 75 pages with which to reply to the  government's filing. Any additional briefs will be due Feb. 9. The court  has set aside two days - Feb. 26 and 27 - to hear oral arguments in  the case.
Robert Lande, director of the American Antitrust Institute and a professor of law at the University of Baltimore said Microsoft's first brief could include what's known as a "recusal motion," wherein the company could argue that Judge Thomas Penfield Jackson - the presiding justice in the lower court  ruling - was biased in his decision to find for the government and split  the company in two.
"What they could do is try to bring up Jackson's somewhat (injudicious) statements in a ...

PERSON: 
THOMAS PENFIELD JACKSON (92%); ROBERT LANDE (78%); 

FOCUS - 163 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

November 21, 2000 Tuesday

SECTION: M AND A

LENGTH: 287 words

HEADLINE: Coke board deliberates over Quaker

BYLINE: by Soma Biswas and Josh Kosman

BODY:
...buy Quaker Oats, there's a good chance antitrust regulators could block the purchase, since Gatorade is the by far the dominant sports drink brand, with some 83% of that market.
Gatorade's sales in 1999 were $1.8 billion.
"It'll be a tough fight. The question is: Would the regulators want to prove that there is a soft drink plus thirst-quencher market - does that make up one market - and block the deal altogether?" said Robert Lande, antitrust specialist at the University of Baltimore Law School.
www.TheDeal.com

FOCUS - 164 of 389 DOCUMENTS

Copyright 2000 CMP Media Inc.  
Computer Reseller News

November 13, 2000

LENGTH: 961 words

HEADLINE: THIRTEEN -- Thomas Penfield Jackson - Homewrecker

BYLINE: Darryl K. Taft

BODY:
...laws to a new economy case. "He is an old economy guy who was able to grasp and explain the nature of competition in the complex new economy," says Ken Wasch, president of the Software & Information Industry Association.
"Considering this is the case of the generation, I think the judge has done a great job in terms of the scheduling, handling the case, and getting this through in a relatively quick fashion," says Robert Lande, an antitrust expert and University of Baltimore law professor.
Still, while Jackson may have run a tight trial, he opened himself to criticism on some significant points. Jackson handled the case "brilliantly," says George Washington School law professor William Kovacic-until the end. Jackson's failure to give Microsoft more time to argue against a breakup was " incomprehensible and truly inexplicable," says ...

FOCUS - 165 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

November 6, 2000 Monday

SECTION: M AND A

LENGTH: 728 words

HEADLINE: Northwest to sell voting control of Continental to settle DOJ case

BYLINE: By Jaret Seiberg in Washington

BODY:
Antitrust experts said the agreement shows the Justice Department is serious about preserving competition in the aviation sector. The department is reviewing the $11.6 billion United/US Airways merger, which was announced in May.
Robert Lande, a senior research fellow at the American Antitrust Institute and a professor at the University of Baltimore's law school, said the Justice Department sent a signal about its displeasure over airlines consolidation by requiring the sale of the voting control.
"If you assume that DOJ had caved, then it would have been harder for them to block the US Airways deal," said Lande, whose AAI group advocates enforcement of the antitrust laws. "It would be ...

FOCUS - 166 of 389 DOCUMENTS

Copyright 2000 The Chronicle Publishing Co.  
The San Francisco Chronicle

OCTOBER 12, 2000, THURSDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B2

LENGTH: 492 words

HEADLINE: February Court Date Set for Microsoft Case;

Timetable meets each side's requests halfway

BYLINE: Kelly Zito, Chronicle Staff Writer

BODY:
...world's largest software company, had asked for a March deadline for the final legal filings that precede oral arguments. The government had requested all briefs be filed by the end of the year, with hearings presumably following in January.
 Microsoft's first filing must come by Nov. 27. The government's response is due by Jan. 12.
 "This is exactly halfway between what Microsoft and the government wanted," said Bob Lande, a law professor at the University of Baltimore.
 Others say the schedule slightly favors Microsoft. "Microsoft dodged the bullet of having to finish the briefs by year's end," said Hillard Sterling, a Chicago antitrust attorney. "Now, the process extends at least into late winter, early spring of 2001, which is an eternity in the information technology world. It's business as usual for Microsoft well into the next ...

FOCUS - 167 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

October 11, 2000 Wednesday

SECTION: RULES OF THE ROAD

LENGTH: 2297 words

HEADLINE: Muzzling the watchdogs

BYLINE: by Jaret Seiberg

BODY:
...said that would involve issuing more than 4,000 reports a year, which would be a major burden and could slow merger approvals significantly.
"It is very difficult for the informed public to criticize the agency's decisions because they don't know what went into them," he said. "But fixing it would require a real burden in terms of greater resources."
Antitrust lawyers were equally negative about suggestions to limit the ability of regulators to conditionally approve mergers.
Robert Lande, a professor at the University of Baltimore, said the only alternative is to block the deal or let an anticompetitive deal proceed.
Yet he questioned whether this would best serve the public interest. Often antitrust concerns can be resolved simply by requiring a company to provide access to a technology or raw material that other companies would need to bring competition to the market, he said.
"You are giving the parties a choice," he said. "You can ...

FOCUS - 168 of 389 DOCUMENTS

Copyright 2000 Post-Newsweek Business Information, Inc.  
Newsbytes

October 11, 2000, Wednesday

LENGTH: 707 words

HEADLINE: Appeals Court Issues MS Appeal Briefing Schedule

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...appeals process in which all seven judges on the panel on the DC Circuit preside. En banc panels are not bound by previous panel decisions, which allows judges on the panel to consider issues with a "clean slate," save for Supreme Court precedents. That means that Microsoft's previous victory in the appeals court in 1998 would not necessarily be the trump card the company has hoped.
Robert Lande, a law professor at the University of Baltimore and a director of the nonprofit American Antitrust Institute, said the inclusion of a full two days for oral arguments in today's briefing schedule was fairly unusual for the appeals court.
"It is interesting, because it tends to show a court that hasn't quite made its mind up yet," Lande said. "Some of the judges( on the appeals court) have had ...

FOCUS - 169 of 389 DOCUMENTS

Copyright 2000 Post-Newsweek Business Information, Inc.  
Newsbytes

October 4, 2000, Wednesday

LENGTH: 613 words

HEADLINE: Microsoft Briefing Schedule "Excessive" - DOJ

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, DC, U.S.A.

BODY:
...over 200 pages) and 28,000 words for Microsoft's reply.
"There is no justification for this extraordinary request," the DOJ said. "This is an appeal, not a retrial."
Rather, the DOJ said Microsoft should file a single brief, limited to  24,000 words, on the federal issues and a single brief on the issues  of particular concern to the State appellees, to be limited to 7,000  words, and due by Dec. 8.
Robert Lande, a law professor at the University of Baltimore and a director of the non-profit American Antitrust Institute, said Microsoft's request did not jibe with its earlier statements about how long the case would take on appeal.
"When the government asked the Supreme Court to take this case directly, Microsoft said 'Let it go to the court of appeals, it won't take hardly any time at all,'" Lande said. " ...

PERSON: 
ROBERT LANDE (79%); 

FOCUS - 170 of 389 DOCUMENTS

Copyright 2000 Seattle Post-Intelligencer  
SEATTLE POST-INTELLIGENCER

October 03, 2000, Tuesday , FINAL

SECTION: BUSINESS, Pg. D2

LENGTH: 365 words

HEADLINE: REQUESTS IN ANTITRUST CASE;
MICROSOFT SEEKS 5-MONTH BRIEFING PERIOD AND EXPANDED FILING LIMIT

BYLINE: DAN RICHMAN P-I reporter

BODY:
...26 order by the appeals court. If the court accepts Microsoft's schedule, oral arguments would begin in March.
But the Justice Department is due to file its own proposed schedule Thursday. Microsoft gets a final request on scheduling next Tuesday.
"Microsoft's proposal would unnecessarily delay proceedings and postpone resolution of the appeal," Justice Department spokeswoman Gina Tallamona said.
University of Baltimore law Professor Bob Lande predicted that "the government will come back with a short schedule, and the court will give them something in between."
Candidates for attorney general in North Carolina - one of the 19 states supporting the antitrust suit against Microsoft - have pledged to reconsider the state's commitment to the case. They did so in response to a request by North Carolina Citizens for a Sound Economy, a lobbying group to which ...

FOCUS - 171 of 389 DOCUMENTS

Copyright 2000 Daily News, L.P.  
Daily News (New York)

September 27, 2000, Wednesday SPORTS FINAL EDITION

SECTION: BUSINESS; Pg. 35

LENGTH: 554 words

HEADLINE: Advantage, Microsoft Supreme Court decision favors an appeals process

BYLINE: By RACHEL SCHEIER DAILY NEWS BUSINESS WRITER

BODY:
...appeals court, some observers said.
Another factor is that the longer the case drags on, the better things look for Microsoft. Changes in technology and shifting political administrations are some of the factors that could work to dismantle the government's case in the long run.
"Linux is coming, wireless devices are coming - when you add a year to all this, it's much less likely that the court will do anything drastic to Microsoft," said Bob Lande, a law professor at the University of Baltimore.
The appeals court is more likely to examine issues of fact in addition to issues of law, meaning it will be easier for the company's lawyers to dismantle the government's case against it.
"They're much more likely to get the case unraveled," Fox said.
For its part, the appeals court acted swiftly yesterday. Within hours of getting the case back from the ...

FOCUS - 172 of 389 DOCUMENTS

Copyright 2000 Investor's Business Daily, Inc.  
 Investor's Business Daily

September 27, 2000

SECTION: A; Pg. 6

LENGTH: 767 words

HEADLINE: Supreme Court: Appellate Court Gets Microsoft Justice Dept. loses this round. It wanted to avoid appeals court. Now antitrust lawsuit is expected to be a longer haul

BYLINE: By Patrick Seitz, Investor's Business Daily

BODY:
...court should "clear out the procedural and factual underbrush first." The Supreme Court decision not to take the case yet is more of an institutional and procedural ruling, not an indication of how it would rule, Gavil says.  The court acted on an 8-1 vote, with Justice Stephen Breyer dissenting.  Changing Times Sending the case to the appeals court will add another year to the process, says Bob Lande, an antitrust professor at the University of Baltimore Law School. By the time a remedy is proposed, Microsoft will be able to make a "very credible argument that the market has changed," he said.  "The whole point of the remedy is supposed to break the market open to competition for the future, which means you've got to deal with the market as of the end of the case," Lande said. "The market's changed, and that has to be taken into account." The Court of Appeals likely will ...

PERSON: 
BOB LANDE (58%); 

FOCUS - 173 of 389 DOCUMENTS

Copyright 2000 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

September 27, 2000, Wednesday, Home Edition

SECTION: Part A; Part 1; Page 1; Financial Desk

LENGTH: 1165 words

HEADLINE: SUPREME COURT GIVES MICROSOFT BENEFICIAL DELAY

BYLINE: JUBE SHIVER Jr. and DAVID SAVAGE, TIMES STAFF WRITERS 

DATELINE: WASHINGTON

BODY:
...it instead to a appeals court and giving the company more time to reposition itself in a fast-changing technology industry.
The decision means that it will be at least six months--and possibly more than a year--before the case could again come before the high court. The ruling also could lead to a decision that tosses out the government's case entirely.
"This decision is very good for Microsoft," said Robert Lande, a University of Baltimore law professor who has generally supported the government's contention that Microsoft has a monopoly in software and needs to be broken up. "The bottom line is it is very likely the Supreme Court won't hear this case for another six months to a year." The turn of events, Lande said, could trigger a more aggressive Microsoft and "embolden the hard-liners at Microsoft who for years have been ...

FOCUS - 174 of 389 DOCUMENTS

Copyright 2000 Seattle Post-Intelligencer  
SEATTLE POST-INTELLIGENCER

September 27, 2000, Wednesday , FINAL

SECTION: NEWS, Pg. A8

LENGTH: 211 words

HEADLINE: MICROSOFT APPEAL MAY DELAY RELATED LAWSUITS

BODY:
...antitrust suits all require proof that Microsoft is an unlawful monopolist. U.S. District Judge Thomas Penfield Jackson ruled in April that it is.
But until Microsoft has exhausted its appeals of that conclusion, no private case can rely on that ruling. Short of proving Microsoft's wrongdoing themselves - an impossibly large task - the private cases must wait until the federal case has ended, said Bob Lande, a law professor at the University of Baltimore.
"The private antitrust suits are all predicated on Microsoft's having violated the law, so they're all moved back a year," Lande said.
Two actions against Microsoft by the European Union are also pending, though they are separate, independent investigations that will not necessarily be affected by the American case's outcome.-

PERSON: 
BOB LANDE (66%); 

FOCUS - 175 of 389 DOCUMENTS

Copyright 2000 Seattle Post-Intelligencer  
SEATTLE POST-INTELLIGENCER

September 27, 2000, Wednesday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1380 words

HEADLINE: COURT SIDES WITH MICROSOFT;
JUSTICES DECLINE TO REVIEW APPEAL, LESSENING CHANCE OF BREAKUP SOON

BYLINE: DAN RICHMAN P-I reporter

BODY:
"It's certainly a victory for Microsoft that leaves only crumbs the government can derive some solace from," said Bob Lande, an antitrust professor at the University of Maryland.
The decision means Microsoft's appeal will first be heard by the U.S. Court of Appeals for the District of Columbia Circuit, which twice favored Microsoft in earlier, related proceedings.
The appeals court immediately asked Microsoft to file on Monday a proposed schedule for the proceedings.  The appeal could last six months to one year, attorneys said.
Then the Supreme ...

FOCUS - 176 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

September 27, 2000, Wednesday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 523 words

HEADLINE: Microsoft case sent to appeals court Supreme Court says lower body should rule first

BYLINE: Paul Davidson and Joan Biskupic

DATELINE: WASHINGTON

BODY:
...order also probably pushes back a final resolution of the
case up to a year, to spring 2002. Microsoft critics fear the
delay will permit the giant to extend its PC software dominance
to the faster-growing Web and handheld devices.
Windows' prevalence could diminish by then as software moves from
shrink-wrapped boxes to the Internet. "Microsoft will have a
great argument that whatever we did in the past has nothing to
do with today," says Bob Lande of the University of Baltimore
Law School.
Yet, the appeals court showed an interest in moving the case quickly,
ordering the two sides to propose schedules for the appeal process
by Oct. 5. The court acted within hours of getting the case back
from the Supreme Court.
"We look forward to presenting our case as expeditiously as possible,"
says Justice spokeswoman Gina Talamona.
Microsoft CEO Steve Ballmer says, " ...

FOCUS - 177 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

August 25, 2000 Friday

SECTION: M AND A

LENGTH: 581 words

HEADLINE: JDS expects approval for SDL merger

BYLINE: by Olaf de Senerpont Domis

BODY:
...though they occur more frequently in larger deals. In 1999, federal antitrust regulators made 111 second requests, which represent 2.6% of all transactions subject to the HSR rules. But only a few of those mergers were challenged.
"The traditional number is 25% of mergers that get second requests get challenged, which basically means regulators say, 'You have to do this to get us to approve the merger,' or 'Sorry, this deal is blocked,'" said Bob Lande, a senior research fellow at the American Antitrust Institute in Washington, D.C.
In a press release, JDS said it and SDL "intend to respond promptly and fully to the government's request, which are not unusual in a merger of this size that involves new, rapidly changing and important technologies."
JDS, which has rapidly become a major consolidator in the optical networking hardware realm, has shown that it is ...

FOCUS - 178 of 389 DOCUMENTS

Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

August 23, 2000, Wednesday, Home Edition

SECTION: Business; Pg. 1E

LENGTH: 521 words

HEADLINE: Microsoft fights putting appeal on fast track

BYLINE: Andrew J. Glass, Cox Washington Bureau

SOURCE: CONSTITUTION

BODY:
...Bill Kovacic, an impartial antitrust professor at George Washington University School of Law who has followed the case closely. "The court prefers cases with just one or two issues that are easily laid out."
By an overwhelming margin, some 100 lawyers queried by Kovacic who regularly practice before the Supreme Court were of the view that the high court would not handle the case directly.
But Bob Lande, an antitrust professor at University of Baltimore Law School and a former Justice Department lawyer, said, "I am now convinced the Supreme Court will take this case at this time," noting that "friend of the court" briefs filed by high-tech trade associations that favor the direct appeal had convinced him.

FOCUS - 179 of 389 DOCUMENTS

Copyright 2000 P.G. Publishing Co.  
Pittsburgh Post-Gazette (Pennsylvania)

August 23, 2000, Wednesday, SOONER EDITION

SECTION: BUSINESS, Pg. C-2

LENGTH: 528 words

HEADLINE: MICROSOFT ARGUES AGAINST QUICK HIGH COURT REVIEW

BYLINE: ANDREW J. GLASS, COX NEWS SERVICE

DATELINE: WASHINGTON

BODY:
...Bill Kovacic, an antitrust professor at George Washington University School of Law who has followed the case closely. "The court prefers cases with just one or two issues that are easily laid out," he noted.
By an overwhelming margin, some 100 lawyers queried by Kovacic who regularly practice before Supreme Court were of the view that the high court would not handle the case directly.
But Bob Lande, an antitrust professor at University of Baltimore Law School and a former Justice Department lawyer, said, "I am now convinced the Supreme Court will take this case at this time," noting that "friend of the court" briefs filed by high-tech trade associations that favor the direct appeal had persuaded him.

FOCUS - 180 of 389 DOCUMENTS

Copyright 2000 Seattle Post-Intelligencer  
SEATTLE POST-INTELLIGENCER

August 23, 2000, Wednesday , FINAL

SECTION: BUSINESS, Pg. D1

LENGTH: 634 words

HEADLINE: LET LOWER COURT RULE FIRST, SAYS MICROSOFT;
SUPREME COURT COULD ISSUE ORDER MONDAY

BYLINE: DAN RICHMAN P-I REPORTER

BODY:
...result there could be appealed to the Supreme Court, further postponing the imposition of penalties against the company.
For the same reasons, the Justice Department prefers a review by the Supreme Court.
Legal experts are split in their predictions.
Kovacic said he thinks the Court will reject the appeal because "the facts and legal issues are complex, and the Court's going to feel better having another capable body take swing at the pitch before it does."
Bob Lande, an antitrust professor at the University of Baltimore, said be believes the Court will take the appeal, because of its importance to the software industry and the economy.
In yesterday's brief, the company called "unfounded" the Justice Department's contention that Microsoft is seeking initial review in the appeals court to delay final resolution of the case.
Microsoft repeated the argument from an earlier filing that too many factual and procedural mistakes were committed in the trial trial to ...

FOCUS - 181 of 389 DOCUMENTS

Copyright 2000 Cox Enterprises, Inc.  
Cox News Service

August 22, 2000

SECTION: Washington - general news

LENGTH: 538 words

HEADLINE: MICROSOFT OPPOSES DIRECT HIGH COURT REVIEW OF ANTITRUST CASE

BYLINE: ANDREW J. GLASS

DATELINE: WASHINGTON

BODY:
...Kovacic, an impartial antitrust professor at George Washington University School of Law who has followed the case closely. "The court prefers cases with just one or two issues that are easily laid out," he noted.
By an overwhelming margin, some 100 lawyers queried by Kovacic who regularly practice before Supreme Court were of the view that the high court would not handle the case directly.
But Bob Lande, an antitrust professor at University of Baltimore Law School and a former Justice Department lawyer, said, "I am now convinced the Supreme Court will take this case at this time," noting that "friend of the court" briefs filed by high-tech trade associations that favor the direct appeal had persuaded him.
On the Web: www.microsoft.com/presspass/legalnews.asp.
Andrew J. Glass's ...

FOCUS - 182 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

August 21, 2000, Monday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 510 words

HEADLINE: FTC not likely to force AOL's instant messaging open But agency decision on allowing competitors access remains in flux

BYLINE: Paul Davidson

BODY:
...says their efforts
involved "hacking" into its system.
Antitrust experts say legal standards would make it tough for
the FTC to label AOL's tactics as anti-competitive. AIM, like
other instant-messaging services, is free. As a result, there
is no business "market."
AOL, analysts say, eventually could draw huge ad revenue from
AIM or use it to drive subscribers to fee-based phone services.
But Bob Lande of University of Baltimore Law School says, "You
can't just conjure up possibilities."
Also, he says, the FTC cannot simply curtail a questionable practice
as part of a merger review unless the practice is made worse by
the union. AOL says the merger will have no effect on its instant
messaging.
But Ross Bagully, CEO of Tribal Voice, a rival, disagrees. He
says AOL could pump Time ...

FOCUS - 183 of 389 DOCUMENTS

Copyright 2000 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

August 14, 2000 Monday

LENGTH: 744 words

HEADLINE: Government readies Microsoft brief

BYLINE: William L. Watts, CBS.MarketWatch.com EMAIL; William L. Watts is a reporter for CBS.MarketWatch.com.

BODY:
...errors that denied the company due process. Microsoft argued that the high court typically confines itself to resolving more narrowly defined legal issues and would benefit from allowing the appeals court to clear out the more complex aspects of the case.
The government is expected to argue that Microsoft has exaggerated the complexity of the appeal.
oeThe government will say that every case involves complex facts and that these facts are really not that complicated, predicted antitrust scholar Robert Lande, a University of Baltimore Law School professor.
The government has argued that the case should be resolved as quickly as possible given Microsoft(TM)s importance to the high-tech economy.
Jackson granted a government request in June to certify the case for Supreme Court review. It(TM)s up to the justices to either hear the case in their next term, which begins in October, or send it back to the ...

PERSON: 
THOMAS PENFIELD JACKSON (91%); ROBERT LANDE (60%); 

FOCUS - 184 of 389 DOCUMENTS

Copyright 2000 Post-Newsweek Business Information, Inc.  
Newsbytes

August 14, 2000, Monday

LENGTH: 491 words

HEADLINE: Justice Dept. To Ask Supreme Court To Hear Microsoft Case

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
On July 26, Microsoft filed its "jurisdictional statement," arguing that the "complexity of the technologies" related to the case and its accompanying reams of documents would place too great a burden on the high court. The Redmond, Wash.-based software giant would prefer that the case  remained in the appeals court, which has overturned decisions against Microsoft in previous cases.
Robert Lande, director of the American Antitrust Institute and a professor of law at University of Baltimore, said there is no telling whether the Supreme Court will accept or reject the case, because there have been only two prior occasions when the government has used its expediting rights. Both were related to the government's antitrust case against AT&T, and both were  granted by the Supreme Court.
Lande said the government probably will argue that the case is virtually  guaranteed to end ...

PERSON: 
ROBERT LANDE (90%); THOMAS PENFIELD JACKSON (56%); 

FOCUS - 185 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

July 20, 2000, Thursday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 1373 words

HEADLINE: United, US Airways face obstacle course Tougher federal scrutiny of airline mergers expected

BYLINE: David Field and Marilyn Adams

BODY:
...Joel Klein.
* Falling dominos. Antitrust lawyers are expected to go
beyond just the facts of this merger and examine the "domino
effect" that a United-US Airways merger could have on the industry:
possible mergers of American-Northwest and Delta-Continental.
Regulators now consider whether one merger would set off a series
of retaliatory or responsive mergers, while in the 1980s the DOT
focused on the deal before it, says Robert Lande, a University
of Baltimore law professor and American Antitrust Institute expert.
"Antitrust regulators . . . can look at whether or not
the transaction in question is likely to spur more mergers, further
consolidation," Lande says.
"It's inconceivable that the Justice Department doesn't have
someone internally analyzing" what would happen if today's six
biggest airlines merged into three, says Harvard law professor
Michael Levine, a former Northwest ...

FOCUS - 186 of 389 DOCUMENTS

Copyright 2000 The National Journal, Inc.  
The National Journal

 July 15, 2000

SECTION: ECONOMY; Pg. 2280; Vol. 32, No. 29

LENGTH: 5828 words

HEADLINE: Merger Mania

BYLINE: Kirk Victor and Michael Posner

BODY:
...questions the need for a change. "What is
wrong with what we do today?" she asked in an interview. "You
don't make changes in regulatory processes just to make changes."
     Albert A. Foer, a former FTC lawyer who founded the
nonprofit American Antitrust Institute two years ago, believes
that Congress's most important job is acting as paymaster to the
trustbusters. In a study last fall, Foer and Robert H. Lande, a
University of Baltimore law professor, gave support to the pleas
of Pitofsky and Klein that their budgets should receive a sizable
boost.
     According to the study, the budgets of the Antitrust
Division and the FTC have had their ups and downs in recent
history, but hit a low point during the Reagan Administration,
when there were "very dramatic cutbacks." The study concluded
that "a steady recovery began in 1990, but staffing levels have
not yet caught ...

FOCUS - 187 of 389 DOCUMENTS

Copyright 2000 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

July 8, 2000, Saturday, Home Edition

SECTION: Business; Part C; Page 1; Financial Desk

LENGTH: 662 words

HEADLINE: MICROSOFT SURRENDERS JOINT CONTROL IN TELEWEST STAKE; 
 CABLE: SOFTWARE GIANT WILL PURCHASE 23.7% OF BRITISH FIRM'S STOCK, CEDING ITS PREFERENTIAL VOTING RIGHTS ON EUROPEAN COMMISSION'S CONCERNS.

BYLINE: STANLEY HOLMES, TIMES STAFF WRITER 

DATELINE: SEATTLE

BODY:
...April, a U.S. federal judge ruled that Microsoft violated federal antitrust law and harmed consumers and competitors. Two months later, the judge ordered that Microsoft be split into separate operating systems and applications companies, although a break-up is delayed pending Microsoft's appeal.
Microsoft can expect closer examination of all of its international investments, experts said.
"The whole world is following the antitrust case here," said Bob Lande, an antitrust lawyer for the American Antitrust Institute in Washington. "One of the things Microsoft did in the trial is it showed itself to be a ruthless competitor that simply cannot be trusted. And if you are the regulator, and you know Microsoft's reputation, you are going to examine Microsoft's actions with a fine-tooth comb."
Cullinan declined to discuss whether the company's legal woes influenced the commission's decision, except to acknowledge that the Europeans had some concerns that resulted ...

FOCUS - 188 of 389 DOCUMENTS

Copyright 2000 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

June 30, 2000 Friday

LENGTH: 484 words

HEADLINE: Workshop wrestles with B2B antitrust concerns

BYLINE: William L. Watts, CBS.MarketWatch.com EMAIL; William L. Watts is a reporter for CBS.MarketWatch.com.

BODY:
The FTC is already investigating a planned B2B exchange funded by the Big 3 automakers and the Justice Department is looking closely at a plan funded by five major U.S. airlines to sell tickets over the Web. So far, 25 airlines have signed on to participate in the site.
Robert Lande, a law professor at the University of Baltimore Law School, said it(TM)s no surprise some of the planned B2B operations have raised eyebrows among antitrust authorities.
The airlines involved in the Orbitz travel site, for example, control more than 80 percent of the market, Lande said. Competitors fear that the participants could save their best fares for the system, shutting out rival Web ...

PERSON: 
ROBERT LANDE (75%); PAUL PENLER (60%); 

FOCUS - 189 of 389 DOCUMENTS

Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

June 29, 2000, Thursday, Home Edition

SECTION: Business; Pg. 4G

LENGTH: 721 words

HEADLINE: Scrutiny of WorldCom may signal antitrust shift

BYLINE: Michael E. Kanell, Staff

SOURCE: CONSTITUTION

BODY:
...join AOL to link to friends.
And as electronic commerce expands, will the companies that write software make it compatible or try to strong-arm all buyers and sellers to use only theirs?
"The Justice Department is using this case, like Microsoft before it, in an attempt to apply the antitrust laws enacted in the late 19th century and early 20th century to the 'new economy' of the 21st century," Berhold said.
Robert Lande, former law professor and director at the American Antitrust Institute, said he supports aggressive enforcement of antitrust law but thinks previous combinations were permissible. Those deals didn't winnow the field, he said. "For the most part they were potential competitors, not actual competitors like Sprint and WorldCom."
This time, the deal went too far, he said. "You have to draw a line somewhere."

FOCUS - 190 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

June 26, 2000 Monday

SECTION: M AND A

LENGTH: 1656 words

HEADLINE: From out of the past

BYLINE: by Jaret Seiberg

BODY:
...since UAL Corp. announced its $11.6 billion acquisition of US Airways Group Inc. Known as the incipiency doctrine, it authorizes regulators to block mergers that could result in copycat deals.
The doctrine has surfaced at a Senate hearing, is the subject of new research and was referenced indirectly in a recent letter to the Justice Department by two prominent lawmakers.
"Antitrust has a lot of mothballed battleships," said Robert Lande, a University of Baltimore law professor who is researching the theory. "That is what the incipiency doctrine is."

FOCUS - 191 of 389 DOCUMENTS

Copyright 2000 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

June 21, 2000, Wednesday, Home Edition

SECTION: Part A; Part 1; Page 1; Financial Desk

LENGTH: 1359 words

HEADLINE: MICROSOFT APPEAL SENT TO HIGH COURT; SANCTIONS ON HOLD

BYLINE: JUBE SHIVER Jr., TIMES STAFF WRITER 

DATELINE: WASHINGTON

BODY:
...Crews, director of regulation and competition policy at the Competitive Enterprise Institute, a Washington think tank that has been supportive of Microsoft.
Several legal analysts saw Jackson's decision to delay sanctions as an effort to encourage the Supreme Court to take the Microsoft case because the high court would no longer be faced with resolving the issue of whether punishment should be delayed before getting to the merits of the case.
"I think that's maybe one motivation," said Robert Lande, a law professor at the University of Baltimore. But Lande also speculated that Jackson may have been chastened by the ultra-conservative seven-judge panel set up by the U.S. Court of Appeals in Washington last week to hear any Microsoft appeal, unless the Supreme Court stepped in.
"I think Jackson figured there was a 99% chance the appeals court would issue a stay" so he did ...

FOCUS - 192 of 389 DOCUMENTS

Copyright 2000 The Seattle Times Company  
The Seattle Times

June 21, 2000, Wednesday FINAL EDITION

SECTION: NEWS; Pg. A1

LENGTH: 1122 words

HEADLINE: Judge stays Microsoft penalties
Case sent to high court, but will justices keep it?

BYLINE: John Hendren; Seattle Times Washington bureau

DATELINE: WASHINGTON

BODY:
...granting of the stay "creative" and "ingenious."
Ed Black, president of the Computer & Information Industry Association, agreed.
"What (Jackson) did was eliminate some risk that the Supreme Court might feel pressured to rule on the stay motion based on an overly cursory review of the (trial) record," he said.
Appeals court lined up
Only one major thing has changed since Jackson made his June 7 ruling, said Bob Lande, an antitrust specialist at the University of Baltimore School of Law: "The lineup of the court of appeals has become known."
Three judges are usually picked at random from among the 12-member appeals panel to hear the case. But the appeals court ruled that all seven eligible members - three recused themselves, apparently as a result of conflicts of interest; one spot is vacant; and a fifth judge is barred by his ...

FOCUS - 193 of 389 DOCUMENTS

Copyright 2000 The Washington Post  
 The Washington Post

June 21, 2000, Wednesday, Final Edition

SECTION: A SECTION; Pg. A01

LENGTH: 1158 words

HEADLINE: Microsoft Case Sent To Supreme Court; Judge Puts Curbs Against Firm on Hold

BYLINE: James V. Grimaldi , Washington Post Staff Writer

BODY:
...judicial posturing that had earlier won him praise.
The move places first before the Supreme Court his April ruling that Microsoft violated federal antitrust law by squelching innovation, harming consumers and punishing competitors to protect its monopoly in personal computer operating systems. The court won't review his breakup remedy until after deciding whether the company broke the law.
"Psychologically, he wants to put his best foot forward," said Robert Lande, an antitrust law professor at the University of Baltimore law school. "He doesn't want them to focus on remedy; he wants them to focus on liability, so he's taken remedy off the table."
U.S. Solicitor General Seth Waxman, who by law must handle all federal government appearances before the Supreme Court, already has decided the case warrants direct review and now officially is in charge of ...

FOCUS - 194 of 389 DOCUMENTS

Copyright 2000 U.S. News & World Report  
U.S. News & World Report

June 19, 2000 June 19, 2000

SECTION: BUSINESS & TECHNOLOGY; Vol. 128 , No. 24; Pg. 40

LENGTH: 1353 words

HEADLINE: The road ahead has legal speed bumps

BYLINE: By Dori Jones Yang

BODY:
...base its appeal on three points of law. First, it will argue against the notion of "monopoly broth." That's the idea that no single action of Microsoft's was a violation of antitrust law but that a pattern of actions added up to an illegal abuse of monopoly power. So how can a company know when its actions are illegal? "It's not a bad argument," says Microsoft critic Robert Lande, a law professor at the University of Baltimore. Lande guesses that Microsoft has a 1 in 3 chance of winning that point.
 Second, Microsoft will argue that it did not attempt to monopolize the browser market when it suggested to Netscape that the two companies work together. Judge Jackson cited a related 1984 case in which airline executives were tape-recorded talking about jointly raising fares. ...

FOCUS - 195 of 389 DOCUMENTS

Copyright 2000 Seattle Post-Intelligencer  
SEATTLE POST-INTELLIGENCER

June 16, 2000, Friday , FINAL

SECTION: BUSINESS, Pg. D1

LENGTH: 774 words

HEADLINE: MICROSOFT ARGUES FOR SEPARATION OF CASES;
ISSUE COULD HAVE A BIG IMPACT ON THE OUTCOME

BYLINE: DAN RICHMAN P-I REPORTER

BODY:
In the long term, the issue matters because keeping the cases together would make it more difficult for a future administration to settle the 2-year-old litigation, said Bob Lande, a University of Maryland law professor.
The states' attorneys general have pledged to keep the case alive even "if (George  W.) Bush is elected and he names someone as attorney general who wants to settle the case on wimpy terms," Lande said. "There would be a much more complicated and weaker negotiating position if the cases were separate."
In the short term, having each case reviewed by a different court could lead to ...

FOCUS - 196 of 389 DOCUMENTS

Copyright 2000 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

June 14, 2000, Wednesday, Home Edition

SECTION: Part A; Part 1; Page 1; Financial Desk

LENGTH: 888 words

HEADLINE: APPEALS COURT AGREES TO HEAR MICROSOFT CASE

BYLINE: JUBE SHIVER Jr. and STANLEY HOLMES, TIMES STAFF WRITERS 

DATELINE: WASHINGTON

BODY:
...certainly important that the Court of Appeals recognizes that this case is very important, and it appears it is going to move expeditiously with the appeals process," Microsoft spokesman Jim Cullinan said. "We believe this is in the best interest of all parties."
Microsoft's case will be heard by a seven-judge panel headed by Chief Judge Harry T. Edwards of the Court of Appeals, who was appointed by ex-President Carter.
Robert Lande, a law professor at the University of Baltimore, said the appeals panel lineup favored Microsoft. He noted that "of the seven judges, four are Republicans and three are Democrats. Of the four Republicans," he added, "three are archconservatives. This is very good news for Microsoft."
The circuit court acted after Microsoft filed a notice of appeal with Jackson, who presided over the 78-day antitrust trial in U.S. District Court.
The legal ...

FOCUS - 197 of 389 DOCUMENTS

Copyright 2000 National Journal Group, Inc.  
National Journal's Technology Daily

AM Edition

June 14, 2000

LENGTH: 241 words

HEADLINE: ANTITRUST: Appealing To A Lesser Power

BODY:
Microsoft spokesman Jim
Cullinan said the Circuit Court had agreed to hear the case "en
banc," where all eligible members of the 12-member court
consider the arguments, reports John Hendren of The Seattle
Times. Usually, only three of the judges hear a case. Newsbytes
adds commentary from Robert Lande, director of the American
Antitrust Institute and a professor of law at the University of
Baltimore. He said the "en banc" proceeding is particularly rare
and because the appeals court is doing so, it reduces the
chances that the Supreme Court will take the case. But the
government may still seek a direct hearing before the Supreme
Court, reports AP. In addition the appeal filing, Microsoft
attorneys filed two motions with the ...

FOCUS - 198 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

June 14, 2000, Wednesday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 473 words

HEADLINE: Microsoft case to go before full U.S. Court of Appeals Largely conservative panel has sided with software giant in past

BYLINE: Paul Davidson

BODY:
...approach the Circuit Court directly. Jackson is expected to deny
the stay request.
Normally, a randomly selected three-judge panel would hear the
case, giving prosecutors a decent chance that two would be Democratic
appointees.
The entire court, however, is mostly made up of Republican appointees.
Three have recused themselves, leaving four conservative Republican
appointees and three Democratic appointees.
"It's a blow for the government," says Bob Lande of the University
of Baltimore Law School.
In its request for a stay, Microsoft said the conduct restrictions
would be "devastating," making it "difficult" for the giant
to do business in "the fast-moving software industry."

FOCUS - 199 of 389 DOCUMENTS

Copyright 2000 Nationwide News Pty Limited  
The Australian

June 13, 2000, Tuesday

SECTION: FEATURES; Pg. 53

LENGTH: 444 words

HEADLINE: Drastic remedy will hit software industry hard - BREAKING UP MICROSOFT

BYLINE: VALERIE LEROUX  * Reaction

BODY:
...between three of them, all competing with each other.
 "The creation of three Windows companies would immediately replace monopoly with competition in the market for operating systems," Lenard says.
 "The Windows companies would compete on the basis of price, reliability and quality."
 However, the break-up works for applications. A separate computer software applications unit would already have its hands full with competitors such as Linux, offering "consumers meaningful choice", says Robert Lande, law professor at the University of Baltimore.
 For consumers, the split will have no immediate effect, according to Shane Greenstein, a management professor at Northwestern University's Kellogg Graduate School of Management.
 "When the next major innovative opportunity that influences both operating systems and applications occurs, the consumer will notice a difference," Greenstein says.
 One difference could be a rise in prices and incompatibility between ...

FOCUS - 200 of 389 DOCUMENTS

Copyright 2000 Nationwide News Pty Limited  
The Australian

June 13, 2000, Tuesday

SECTION: FEATURES; Pg. 53

LENGTH: 444 words

HEADLINE: Drastic remedy will hit software industry hard - BREAKING UP MICROSOFT

BYLINE: VALERIE LEROUX  * Reaction

BODY:
...between three of them, all competing with each other.
 "The creation of three Windows companies would immediately replace monopoly with competition in the market for operating systems," Lenard says.
 "The Windows companies would compete on the basis of price, reliability and quality."
 However, the break-up works for applications. A separate computer software applications unit would already have its hands full with competitors such as Linux, offering "consumers meaningful choice", says Robert Lande, law professor at the University of Baltimore.
 For consumers, the split will have no immediate effect, according to Shane Greenstein, a management professor at Northwestern University's Kellogg Graduate School of Management.
 "When the next major innovative opportunity that influences both operating systems and applications occurs, the consumer will notice a difference," Greenstein says.
 One difference could be a rise in prices and incompatibility between ...

FOCUS - 201 of 389 DOCUMENTS

Copyright 2000 National Journal Group, Inc.  
National Journal's Technology Daily

AM Edition

June 13, 2000

LENGTH: 225 words

HEADLINE: ANTITRUST: Should I Stay Or Should I Go

BODY:
...government called Microsoft's bid to manipulate the court.
It urged Jackson not to rule on the stay until Microsoft files
its promised notice of appeal and then to rule on both together.
The DOJ wants Microsoft's appeal to go directly to the Supreme
Court, bypassing the circuit court. But it cannot file that
motion until the company files its notice of appeal, which
Microsoft has not done.The Boston Globe     quotes Bob Lande,
antitrust specialist at the University of Baltimore School of
Law as saying "both sides are playing some really complicated
games."

FOCUS - 202 of 389 DOCUMENTS

Copyright 2000 Post-Newsweek Business Information, Inc.  
Newsbytes

June 13, 2000, Tuesday

LENGTH: 397 words

HEADLINE: Microsoft Appeals Breakup Ruling

BYLINE: Brian Krebs; Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...appeal to a federal judge ruling that the company be broken up into two separate entitites, in hopes of stepping off the fast-track to the Supreme Court urged by  federal government - and into the slow, methodical lane of the DC  Circuit Court of Appeals.
Microsoft spokesman Jim Cullinan said the Circuit Court had agreed to  hear the case "en banc," meaning the entire11 judge panel on the  DC Circuit would preside.
Robert Lande, director of the American Antitrust Institute and a professor of law at University of Baltimore, said the "en banc" proceeding is particularly rare. Normally, only three of the 11 judges hear cases, but  every five to 10 years the court will hold a special "en banc" proceeding.

PERSON: 
ROBERT LANDE (60%); 

FOCUS - 203 of 389 DOCUMENTS

Copyright 2000 The Seattle Times Company  
The Seattle Times

June 13, 2000, Tuesday FINAL EDITION

SECTION: BUSINESS; Pg. E1

LENGTH: 842 words

HEADLINE: Microsoft antitrust case
Legal wrangling persists after trial ; Government asks judge to keep curbs in place

BYLINE: John Hendren; Seattle Times Washington bureau

DATELINE: WASHINGTON

BODY:
...Expediting Act."
Yesterday, they suggested a solution to Jackson: Don't rule on the stay until Microsoft files notice of its appeal. That way he can send the case to the Supreme Court and - if the high court accepts - the case would not go to the appeals court.
To encourage him to do so, government lawyers filed an informal draft of their request to send the case to the Supreme Court.
"Both sides are playing some really complicated games," said Bob Lande, antitrust specialist at the University of Baltimore School of Law.
Microsoft has 60 days from the court's June 7 ruling to notify Jackson it plans to appeal. Because the Supreme Court calendar goes from October through June, that could delay the case into the next term, said Bill Kovacic, antitrust specialist at the George Washington University School of Law.
"If Microsoft took the full 60 days to file its notice of appeal, the Supreme ...

FOCUS - 204 of 389 DOCUMENTS

Copyright 2000 National Journal Group, Inc.  
National Journal's Technology Daily

AM Edition

June 12, 2000

LENGTH: 221 words

HEADLINE: ANTITRUST: Friends In High Places?

BODY:
Yet the Supreme Court is a conservative
body made up largely of Republicans inclined to take a cautious
view of antitrust law. "Microsoft starts out with three justices
on its side," said Bob Lande, an antitrust specialist at the
University of Baltimore School of Law. Those justices -- Chief
Justice William Rehnquist, Antonin Scalia and Clarence Thomas
are widely viewed by legal oddsmakers as antitrust skeptics.
Sandra Day O'Connor is also mentioned among the most inclined to
take a narrow view of antitrust law, said Lande. However,
William Kovacic, an antitrust expert at the George Washington
University School of Law, ...

PERSON: 
WILLIAM KOVACIC (71%); BOB LANDE (71%); ANTONIN SCALIA (53%); CLARENCE THOMAS (53%); WILLIAM HUBBS REHNQUIST (53%); SANDRA DAY O'CONNOR (53%); 

FOCUS - 205 of 389 DOCUMENTS

Copyright 2000 The Seattle Times Company  
The Seattle Times

June 12, 2000, Monday FINAL EDITION

SECTION: NEWS; Pg. A1

LENGTH: 1407 words

HEADLINE: Microsoft may fnd high-court alies

BYLINE: John Hendren; Seattle Times Washington bureau

BODY:
...Microsoft's top attorney.
Yet the Supreme Court, too, is a procedurally and politically conservative body made up largely of conservative Republicans inclined to take a cautious view of antitrust law. Seven of the justices were appointed by Republican presidents, who tend to prefer a more hands-off approach to antitrust matters.
Three automatic votes
"Microsoft starts out with three justices on its side," said Bob Lande, an antitrust specialist at the University of Baltimore School of Law. Those justices - Chief Justice William Rehnquist, Antonin Scalia and Clarence Thomas - are widely viewed by legal oddsmakers as antitrust skeptics. Sandra Day O'Connor, too, is often mentioned among the most philosophically inclined to take a narrow view of antitrust law, making them the likeliest bets to back Microsoft's position. All were appointed by Republican presidents.
If ...

FOCUS - 206 of 389 DOCUMENTS 

Copyright 2000 The Baltimore Sun Company 

THE BALTIMORE SUN 

June 10, 2000, Saturday ,FINAL 

SECTION: BUSINESS ,11C 

LENGTH: 722 words 

HEADLINE: Microsoft says it would 'welcome' talks; Deal with U.S. now would speed benefits to consumer, some say 

BYLINE: Mark Guidera 

SOURCE: SUN STAFF 

BODY: 
...now with Patton Boggs, LLP in McClean, Va. "Justice is clearly in the driver's seat." 
 He believes Klein can use the leverage of the impending breakup to get Microsoft to agree to remedies that constrain the company from dominating other computer and Internet-related markets, such as the server and application service provider markets, in the same fashion it came to monopolize the Internet browser arena.
 University of Baltimore Law School Professor Robert H. Lande, who has followed the Microsoft case closely, said that while Jackson's ruling gives Justice an edge in discussions, neither Microsoft nor Justice appears interested in giving up much in new talks.
 " The previously imposed mediation by Jackson was the time to settle," said Lande. "Even if the Justice Department were to settle its antitrust suit with Microsoft, Jackson's ruling provides fuel for other lawsuits," ...

FOCUS - 207 of 389 DOCUMENTS

Copyright 2000 The Houston Chronicle Publishing Company  
The Houston Chronicle

June 10, 2000, Saturday 2 STAR EDITION

SECTION: A; Pg. 1

LENGTH: 1004 words

HEADLINE: Gov. Bush cautions against guessing in Microsoft case

SOURCE: Staff

BYLINE: DAVID IVANOVICH, Houston Chronicle Washington Bureau, BENNETT ROTH; Chronicle reporter Bennett Roth contributed to this story.

DATELINE: WASHINGTON

BODY:
...emphasis.
Tim Muris, a former head of the Federal Trade Commission'sBureau of Competition during the Reagan administration, is a top adviser to Bush.
"It's fair to say I'm more conservative than the people now in power, although the differences are not vast in antitrust," Muris said. Muris noted, however, that he has not studied the Microsoft case well enough to know whether he would have substantial differences with the current administration on the case.
Robert Lande, a law professor at the University of Baltimore and senior research scholar at the American Antitrust Institute, argues that part of Microsoft's strategy in the case has been to wait out the Clinton administration.
"They've got nothing to lose," Lande said. "How could it be worse than Joel Klein?"

FOCUS - 208 of 389 DOCUMENTS

Copyright 2000 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

June 9, 2000 Friday

LENGTH: 474 words

HEADLINE: Ballmer: Microsoft open to settlement talks

BYLINE: CBS.MarketWatch.com

BODY:
...say a settlement is out of the question.
Voluntary talks mediated by renowned federal appellate Judge Richard Posner broke down in the spring. While both sides had incentives to settle before Jackson issued his legal conclusions in April, it's difficult to see what would compel either side to return to the table now.
"If they were going to settle the case, they would have settled it under Judge Posner's mediation," said Robert Lande, a professor at the University of Baltimore Law School.
At that time, the government couldn't have been completely sure it was headed for total victory in the case. And Microsoft, by settling, would have short-circuited the scores of private antitrust lawsuits that will rely on the judge's legal conclusions that the company violated federal law.
Jackson ordered Microsoft to prepare a detailed divestiture plan within four months, ...

FOCUS - 209 of 389 DOCUMENTS

Copyright 2000 Scottish Media Newspapers Limited  
The Herald (Glasgow)

June 9, 2000

SECTION: Pg. 24

LENGTH: 1197 words

HEADLINE: The long division of the spoils

BYLINE: Ian Ansdell

BODY:
...course, both procedurally and substantively, as the case progressed," Microsoft vice-president William Neukom said in a statement.
 One lawyer, who has clerked before the District of Columbia Appeals Court, yesterday said anonymously of Jackson: "He's just stupid. I don't mean generally stupid, but specifically stupid about technology. He admitted at the beginning that he doesn't even check his own email." On the record, Robert Lande of Baltimore University Law School told CNN: "Judge Jackson's ruling contains no legal analysis. I thought the judge would explain why his order was consistent with precedent. Jackson issued the ruling too fast." Goldman Sachs analyst Rick Sherlund added: "The appeals court has twice overturned the judge in this case, so I think investors are optimistic that this case could be significantly modified or overturned on appeal."
 However, the case remains ...

FOCUS - 210 of 389 DOCUMENTS

Copyright 2000 Times Mirror Company  
Los Angeles Times

June 9, 2000, Friday, Home Edition

SECTION: Business; Part C; Page 1; Financial Desk

LENGTH: 1439 words

HEADLINE: PUBLIC REMARKS BY JUDGE IN MICROSOFT RULING STIR FUROR

BYLINE: JUBE SHIVER Jr., TIMES STAFF WRITER 

DATELINE: WASHINGTON

BODY:
...on the rule of law.
Jackson's remarks raised eyebrows among a number of experts, who said Jackson's Wall Street Journal interview--together with his spartan 17-page legal opinion--will probably make it even more unlikely that the Supreme Court will take the case on an expedited basis.
"A lot of people don't think judges are supposed to do these kinds of things," said Robert H. Lande, a law professor at the University of Baltimore. "First, he issues an opinion less than 24 hours after Microsoft made its last filing. Then he gives out interviews to the press."
Lande's concerns about judicial prejudice--and about whether Microsoft got a fair hearing in Jackson's court--were echoed by Microsoft Chairman Bill Gates.
In an interview on CBS' "The Early Show," Gates ...

FOCUS - 211 of 389 DOCUMENTS

Copyright 2000 Chicago Tribune Company  
Chicago Tribune

June 8, 2000 Thursday, CHICAGO SPORTS FINAL EDITION

SECTION: News; Pg. 1; ZONE: N

LENGTH: 1394 words

HEADLINE: JUDGE SEEKS TO SPLIT GIANT;
COMPANY'S APPEAL COULD TAKE YEARS

BYLINE: By Frank James, Washington Bureau. Staff writer William Neikirk of the Tribune Washington bureau contributed to this report.

DATELINE: WASHINGTON

BODY:
...it doesn't already control.
The Justice Department indicated it would invoke an obscure federal law that would allow the government to expedite the appeal directly to the Supreme Court. Jackson would have to certify such a request, which he has said he would do.
Microsoft said it would oppose such a move, preferring to make its case before the U.S. Court of Appeals for the D.C. circuit, which reversed an earlier Jackson ruling that went against Microsoft.
Professor Robert Lande, an antitrust expert at the University of Baltimore Law School who has closely followed the trial, said he believes Jackson may have harmed his own stated interest to get the case before the Supreme Court.
"I thought it was surprising how brief [the judge's order] was. I think the judge made a mistake," he said, pointing out that Jackson's 16-page order with a four-page memorandum ...

FOCUS - 212 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

June 8, 2000 Thursday

SECTION: M AND A

LENGTH: 742 words

HEADLINE: Microsoft settlement still possible, Klein says

BYLINE: by Jaret Seiberg in Washington

BODY:
...others were split on whether the government would let Microsoft remain intact if the firm agreed to the conduct remedies included in Judge Jackson's orders. These include opening source code to competitors, permitting companies to modify Windows and creating an antitrust compliance committee. Microsoft officials have repeatedly said they would not accept a settlement that includes a divestiture.
" The Department of Justice would be smart to accept less than a breakup," said Robert Lande, a professor at the University of Baltimore and senior research fellow at the American Antitrust Institute. "There is a one-in-three chance they will lose the whole case on appeal."
Yet Joel M. Mitnick, a partner in the New York office of the Brown & Wood law firm, said Microsoft's chance to settle without a divestiture was last winter during the mediation period. "If Joel ...

PERSON: 
JOEL KLEIN (92%); ROBERT LANDE (67%); THOMAS PENFIELD JACKSON (67%); JANET RENO (56%); 

FOCUS - 213 of 389 DOCUMENTS

Copyright 2000 Times Mirror Company  
Los Angeles Times

June 8, 2000, Thursday, Home Edition

SECTION: Part A; Part 1; Page 1; Financial Desk

LENGTH: 1500 words

HEADLINE: THE MICROSOFT BREAKUP RULING; 
 ON APPEAL, FIRM MAY BE ABLE TO AVOID BREAKUP

BYLINE: DAVID G. SAVAGE and DAVAN MAHARAJ, TIMES STAFF WRITERS 

DATELINE: WASHINGTON

BODY:
...appeal.
They may be right.
The landmark antitrust battle now moves to appeals courts that are dominated by conservative, free-market judges who are openly skeptical of government regulation of business.
For that reason, most legal experts said Wednesday that the software giant has a strong chance of avoiding a forced breakup and may well win a complete reversal of Judge Thomas Penfield Jackson's ruling.
Professor Robert H. Lande, an antitrust expert at the University of Baltimore law school, said he is no fan of Microsoft but said the company has reason to be optimistic about an appeal.

FOCUS - 214 of 389 DOCUMENTS

Copyright 2000 New York Law Publishing Company  
New York Law Journal

June 8, 2000 Thursday

SECTION: MICROSOFT WATCH; Pg. 1

LENGTH: 1211 words

HEADLINE: Judge Orders Remedy: Microsoft Split in Two

BYLINE: By Jaret Seiberg, American Lawyer Media

DATELINE: WASHINGTON, D.C.

BODY:
...vulnerable to appeal when he ruled that Microsoft did not violate @ 1 of the Sherman Antitrust Act when it barred computer companies that bought the Windows operating system from purchasing Netscape products. Section 1 outlaws conspiracies to restrain trade.
But the judge did rule that Microsoft's conduct violated @ 2 of the law, which makes it illegal to use improper means to monopolize a market.
"That is a funny legal construction that could fall," said Robert Lande, a professor at the University of Baltimore and senior research fellow at the American Antitrust Institute. Typically the standard for both sections of the Sherman Act is the same, Professor Lande said.
The judge also practically dared the appeals court to overturn certain antitrust violations, namely allegations that Microsoft broke the law by issuing an ultimatum that Windows buyers had to also purchase Internet Explorer, Professor Lande said.
The same ...

FOCUS - 215 of 389 DOCUMENTS

Copyright 2000 The Seattle Times Company  
The Seattle Times

June 8, 2000, Thursday FINAL EDITION

SECTION: NEWS; Pg. A1

LENGTH: 899 words

HEADLINE: Appellate judges seen as allies

BYLINE: John Hendren; Seattle Times Washington bureau

DATELINE: WASHINGTON

BODY:
...judges on the court (a 12th seat is vacant).
Chances are better than even that the judges chosen to oversee the case would take a limited view of antitrust law more helpful to Microsoft.
Seven of the 11 current judges were appointed by Republicans and reputedly believe in setting a high bar for the government in proving antitrust violations.
"They're not going to break up Microsoft," said Bob Lande, an antitrust specialist at the University of Baltimore School of Law. "With all those conservative Reagan appointees, the government will be doing well if the court only overturns them on remedy."
The judges have several options.
They could find Jackson appropriately tried the case and let the ruling stand. Jackson wrote that restricting Microsoft's conduct is unlikely to work because the company continues to deny its guilt.
The judges also could find that Jackson erred on some rulings and ...

FOCUS - 216 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

June 8, 2000, Thursday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 2048 words

HEADLINE: Microsoft awaits a new hand Executives expect appeals judges to be more amenable

BYLINE: Paul Davidson

BODY:
...generally reflect caution. Many
experts believe they will be more receptive to Microsoft claims
that courts should not meddle in high-tech product design. A key
aspect of Jackson's ruling -- that Microsoft illegally tied its
Web browser to its dominant Windows operating system -- is vulnerable
to reversal, as is the breakup. "Even if they win on all the
claims, I don't think the government will win" a breakup, says
Bob Lande of University of Baltimore Law School. "It's so rare."
Yet most analysts interviewed say the higher courts will likely
agree that at least some of Microsoft's conduct was anti-competitive
and will uphold many, if not all, of Jackson's restrictions on
its practices. To reverse a trial judge's factual findings, appellate
courts must find they were "clearly erroneous."
Jackson ruled in April that Microsoft ...

PERSON: 
THOMAS PENFIELD JACKSON (91%); WILLIAM HENRY 'BILL' GATES III (57%); BOB LANDE (57%); 

FOCUS - 217 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

June 8, 2000, Thursday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 882 words

HEADLINE: How this breakup might differ from Standard Oil and AT&T

BYLINE: Deborah Kong

BODY:
...Yet legal experts say there are some parallels -- and key differences
-- between Microsoft and previous blockbuster antitrust cases
involving Standard Oil, telecommunications giant AT&T and
shoe manufacturing company United Shoe.
* As in Microsoft's case, the breakup of United Shoe was
not voluntary, and there were no clear dividing lines between
its business divisions. "It was one big factory," says University
of Baltimore law professor Bob Lande. In the government's 1953
case against United Shoe, the company was found guilty of restraining
trade. It tried to keep rivals out of the shoemaking business
by preventing the rise of a market for shoemaking machinery. Because
competitors couldn't buy shoemaking machinery, they were forced
to lease equipment from United Shoe.
Ultimately, the Supreme Court ordered the breakup of United Shoe.
The shoe machinery plant closed in the 1970s. ...

FOCUS - 218 of 389 DOCUMENTS

Copyright 2000 News World Communications, Inc.  
The Washington Times

June 08, 2000, Thursday, Final Edition

SECTION: PART B; BUSINESS; YOUR MONEY; Pg. B9

LENGTH: 862 words

HEADLINE: Software landing; 
Microsoft split may not cut prices

BYLINE: Mike Cleary; THE WASHINGTON TIMES

BODY:
...drags on through appeals.  This could take up to two years.
"This is a long ways away from being finished," said Brian Goodstadt, an analyst with S&P Equity Group in New York.
But even without appeals, it will take time for the consequences to show, others said.
"In the short run, very little.  But in the long run you have more competition," said Bob Lande, a law professor at University of Baltimore and a research scholar at the American Antitrust Institute, a consumer-oriented nonprofit organization.
Analysts say that while prices may hold steady, more competition gradually will spur new innovation that creates products and makes it easier for consumers to use computer software and services.
"The applications company would be forced to make it work well or ...

FOCUS - 219 of 389 DOCUMENTS

Copyright 2000 Agence France Presse  
 Agence France Presse

June 7, 2000, Wednesday

SECTION: Domestic, non-Washington, general news item

LENGTH: 515 words

HEADLINE: Microsoft monopoly survives breakup: analysts

BYLINE: Valerie Leroux

DATELINE: NEW YORK, June 7

BODY:
...carved up between three of them, all competing with one another.
"The creation of three Windows companies would immediately replace monopoly with competition in the market for operating systems," he said.
"The Windows companies would compete on the basis of price, reliability and quality."
The breakup works, however, for applications. A separate computer software applications unit would already have its hands full with competitors such as Linux, offering "consumers meaningful choice," said Robert Lande, law professor at the University of Baltimore.
For consumers, the split will have no immediate effect, according to Shane Greenstein, a management professor at Northwestern University's Kellogg Graduate School of Management.
"When the next major innovative opportunity which influences both operating systems and applications occurs, he (the consumer) will notice a difference," he said.
One difference could be a rise in prices and incompatibility between systems, ...

FOCUS - 220 of 389 DOCUMENTS

Copyright 2000 Agence France Presse  
 Agence France Presse

June 7, 2000, Wednesday

SECTION: Domestic, non-Washington, general news item

LENGTH: 529 words

HEADLINE: Timetable for Microsoft breakup

DATELINE: WASHINGTON, June 7

BODY:
...available to it under antitrust law and ask that any Microsoft appeal be heard directly by the US Supreme Court.
Such a tactic would bypass the federal appellate court, which in an earlier case ruled in favor of Microsoft and against the government.
"The quickest scenario would be that the Supreme Court decides to take it and issues a ruling quickly. We could then have a final ruling by one year from today," said Robert Lande, law professor at the University of Baltimore.
However, if the case goes first to the federal court of appeals, and then is appealed to the Supreme Court, the process could drag on for years.
"The legal aspect could be done by next spring," said Robert Bork, a leading antitrust specialist. "But it could be 2003 something before we are finished with it."
Judge Jackson ruled that his order for the breakup of the company would take effect three months from ...

FOCUS - 221 of 389 DOCUMENTS

Copyright 2000 Agence France Presse  
 Agence France Presse

June 7, 2000, Wednesday

SECTION: Financial pages

LENGTH: 1605 words

HEADLINE: Major developments in the Microsoft antitrust case

DATELINE: WASHINGTON, June 7

BODY:
...tactic, assuming the Supreme Court accepts the case, would bypass the federal appellate court, which in an earlier matter ruled in favor of Microsoft and against the government.
But whether the case goes to the appeals court or the Supreme Court, Microsoft can expect a more sympathetic hearing than that accorded by Jackson.
"Most of the judges on the Court of Appeal are pretty conservative. The judges of the Supreme Court are pretty conservative also," said Robert Lande, law professor at the University of Baltimore.
"They don't believe in the vigorous application of the antitrust laws."
That view was echoed by George Washington University law professor William Kovacic.
"The court of appeals is far more likely to view Microsoft arguments more sympathetically than Judge Jackson did," he said.
Lande said that Microsoft had lost all credibility with Jackson, who has consistently ruled against the software firm. Higher courts are ...

FOCUS - 222 of 389 DOCUMENTS

Copyright 2000 Daily News, L.P.  
Daily News (New York)

June 7, 2000, Wednesday SPORTS FINAL EDITION

SECTION: BUSINESS; Pg. 31

LENGTH: 390 words

HEADLINE: Microsoft has its last say Ruling on breakup may be as early as toda y

BYLINE: By RACHEL SCHEIER DAILY NEWS BUSINESS WRITER

BODY:
...In yesterday's filing, Microsoft said the government's reply actually made the breakup proposal "worse than Microsoft initially thought" by confirming that certain provisions were "extreme," refusing to accept certain limitations, and "ignoring" the company's argument that many of the breakup provisions would not be feasable to carry out.
"At this point, it's like spouses having an argument and, well, they've said it all and they just don't agree," said Bob Lande, a law professor at the University of Baltimore. "What Micosoft sees as a horrible limitation on them, the government sees as part of a breakup that will create two seriously independent companies."
He added that since Microsoft is certain to appeal the judge's ruling, a final outcome on the case is probably at least a year away. "At that point, all these technical details surely won't matter anyway."

FOCUS - 223 of 389 DOCUMENTS

Copyright 2000 National Public Radio (R).  All rights reserved. No quotes from the materials contained herein may be used in any media without attribution to National Public Radio.  This transcript may not be reproduced in whole or in part without prior written permission.  For further information, please contact NPR's Permissions Coordinator at (202) 513-2000.  
National Public Radio (NPR)

SHOW: ALL THINGS CONSIDERED (9:00 PM ET)

June 7, 2000, Wednesday

LENGTH: 680 words

HEADLINE: PROFESSOR ROBERT LANDE TALKS ABOUT THE RULING TO BREAK UP MICROSOFT

ANCHORS: ROBERT SIEGEL

BODY:
ROBERT SIEGEL, host:
We asked an expert in antitrust law to discuss some of the practicalities and difficulties of a Microsoft breakup.  Robert Lande is a professor at the University of Baltimore School of Law.  He says the precedents of splitting up companies like AT&T or Standard Oil really don't apply here.
Professor ROBERT LANDE (University of Baltimore School of Law): Here, it'll be a little more complicated.  The applications engineers will go one way, the operating systems engineers will go the other way, and someone will have to draw a line in between and say, 'What's an application engineer?  What's an operating system engineer?  What's an intellectual property patent relevant to one?  What's relevant to the other?' and then the hard part comes. 
...settled on appeal?
Prof. LANDE: No, they don't have to.  Now if they were smart, they'd start in advance.  But, no, legally they wouldn't have to start early.
SIEGEL: They would be entitled legally to do nothing, 'We're not gonna say anything until all of this is completely settled.'
Prof. LANDE: That's right.  And they might well say for the reasons of employee morale that it would be good not to get into too many details until then.
SIEGEL: Robert Lande, thank you very much for talking with us today.
Prof. LANDE: Thank you.
SIEGEL: Robert Lande is professor of law at the University of Baltimore School of Law.

PERSON: 
ROBERT LANDE (95%); ROBERT SIEGEL (93%); 

FOCUS - 224 of 389 DOCUMENTS

Copyright 2000 National Public Radio (R).  All rights reserved.  No quotes from the materials contained herein may be used in any media without attribution to National Public Radio.  This transcript may not be reproduced in whole or in part without prior written permission.  For further information, please contact NPR's Permissions Coordinator at (202) 513-2000.  
National Public Radio (NPR)

SHOW: All Things Considered (9:00 PM ET) - NPR

June 7, 2000 Wednesday

LENGTH: 806 words

HEADLINE: Professor Robert Lande talks about the ruling to break up Microsoft

ANCHORS: ROBERT SIEGEL

BODY:
ROBERT SIEGEL, host:
We asked an expert in antitrust law to discuss some of the practicalities and difficulties of a Microsoft breakup.  Robert Lande is a professor at the University of Baltimore School of Law.  He says the precedents of splitting up companies like AT&T or Standard Oil really don't apply here.
Professor ROBERT LANDE (University of Baltimore School of Law): Here, it'll be a little more complicated.  The applications engineers will go one way, the operating systems engineers will go the other way, and someone will have to draw a line in between and say, 'What's an application engineer? What's an operating system engineer?  What's an intellectual property patent relevant to one?  What's relevant to the other?' and then the hard part comes. 
...settled on appeal?
Prof. LANDE: No, they don't have to.  Now if they were smart, they'd start in advance.  But, no, legally they wouldn't have to start early.
SIEGEL: They would be entitled legally to do nothing, 'We're not gonna say anything until all of this is completely settled.'
Prof. LANDE: That's right.  And they might well say for the reasons of employee morale that it would be good not to get into too many details until then.
SIEGEL: Robert Lande, thank you very much for talking with us today.
Prof. LANDE: Thank you.
SIEGEL: Robert Lande is professor of law at the University of Baltimore School of Law.

PERSON: 
ROBERT LANDE (95%); ROBERT SIEGEL (93%); 

FOCUS - 225 of 389 DOCUMENTS

Copyright 2000 Times Mirror Company  
Los Angeles Times

June 2, 2000, Friday, Home Edition

SECTION: Business; Part C; Page 1; Financial Desk

LENGTH: 783 words

HEADLINE: ANTI-BREAKUP ARGUMENTS FROM MICROSOFT WIN DELAY FROM JUDGE; 
 TECHNOLOGY: RESPONSE BY JUSTICE DEPARTMENT TO FOCUS ON A HANDFUL OF TECHNICAL AND PROCEDURAL ISSUES.

BYLINE: JUBE SHIVER Jr., TIMES STAFF WRITER 

DATELINE: WASHINGTON

BODY:
...even some of the company's harshest critics, who said the analysis indicates the company is finally taking the sweeping antitrust case against it seriously.
"It looks, for the first time, like Microsoft is taking things seriously and now the government is urging Judge Jackson to slow down a little and consider some of their points so any judgment will hold up better on appeal," said Robert H. Lande, a law professor at the University of Baltimore who has closely followed the case.
Microsoft spokesman Jim Cullinan said his company's response was more a reflection of the sloppiness of the government's proposal than any change in legal strategy.
"It's certainly telling that the government is going through draft No. 3," Cullinan said. "It underscores the fact that the government's proposal was poorly thought out from the start. But even with our ...

FOCUS - 226 of 389 DOCUMENTS

Copyright 2000 The Seattle Times Company  
The Seattle Times

June 2, 2000, Friday FINAL EDITION

SECTION: BUSINESS; Pg. C1

LENGTH: 518 words

HEADLINE: Microsoft trial
Judge grants both sides one last shot

BYLINE: John Hendren; Seattle Times Washington bureau

BODY:
...plan is still irresponsible, it's excessive and harmful to consumers."
Legal observers said government lawyers would incorporate some Microsoft suggestions but not one that would render the breakup plan effective for just four years instead of the 10 years the government is seeking. Making that change would allow the two divided companies to reunite four years later.
"I don't think Justice is going to accept that one," said Bob Lande, an antitrust expert at the University of Baltimore School of Law.
However, Lande said, the government might be willing to allow Microsoft its request that the breakup take effect 12 months after the judge orders it. The government originally sought a four-month grace period, but Microsoft argued in its filing this week that it would need to coordinate with a litany of government regulators and with its own operations in many ...

PERSON: 
DAVID BOIES (66%); ED BLACK (65%); THOMAS PENFIELD JACKSON (65%); BOB LANDE (55%); 

FOCUS - 227 of 389 DOCUMENTS

Copyright 2000 Chicago Tribune Company  
Chicago Tribune

June 1, 2000 Thursday, CHICAGO SPORTS FINAL EDITION

SECTION: Business; Pg. 1; ZONE: N

LENGTH: 820 words

HEADLINE: MICROSOFT HITS BREAKUP PLAN;
SAYS REMEDY 'EXTREME, UNJUSTIFIED'

BYLINE: By Frank James, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...nitty-gritty of technical and legal language.
Microsoft indicated, as it has in the past, that it was looking beyond Jackson's decree and eyeing the appeals courts. "'We are offering these edits with the obvious caveat that we do not believe that such an extreme and damaging remedy would be sustained by the appellate process," said Jim Cullinan, a Microsoft spokesman, in an e-mail sent to reporters.
Microsoft's microscopic assessment of the government's filing made Robert Lande, an antitrust law expert and professor at the University of Baltimore Law School, doubt seriously that the judge would issue his decree this week.
"I can't believe he would issue the decree this week because [Microsoft's response is] a well done document," he said. "The judge has got to take it seriously. I don't see how he cannot take it seriously."
William Kovacic, a law professor at George Washington ...

FOCUS - 228 of 389 DOCUMENTS

Copyright 2000 CNBC, Inc.  
CNBC News Transcripts

SHOW: EARLY TODAY (4:30 AM ET)

June 1, 2000, Thursday

LENGTH: 381 words

HEADLINE: MICROSOFT ANTITRUST DECISION EXPECTED ANY DAY NOW

ANCHORS: NANETTE HANSEN

REPORTERS: HAMPTON PEARSON

BODY:
...build applications and hopefully compete with its twin. Microsoft will appeal any breakup decision, betting on its chances with pro-business judges at the next level.  But the judge has expressed interest in a fast-track appeal, sending the case directly to the Supreme Court.  Such a move could be seen as a plus for the government, but court watchers say Microsoft could still survive intact.
Mr. ROBERT LANDE (American Antitrust Institute): I just don't think that this Supreme Court will order Microsoft broken up.
PEARSON: Microsoft could face trouble much sooner if Judge Jackson OKs the government's request for restrictions on Microsoft's business practices, as the appeals process moves forward.
To bolster its breakup defense, Microsoft offered testimonials from a veritable who's-who of computer, business and entertainment industry leaders, ...

FOCUS - 229 of 389 DOCUMENTS

Copyright 2000 Post-Newsweek Business Information, Inc.  
Newsbytes

June 1, 2000, Thursday

LENGTH: 895 words

HEADLINE: Judge Gives Microsoft And Justice Chance To File Additional Briefs

BYLINE: Brian Krebs; Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...serious  remedies are required to restore competition and prevent similar  violations in the future.''
But Microsoft contends that it was not given the opportunity in its brief rejecting the breakup proposal to address what would happen next if the that motion was denied.
"It was Microsoft's position and understanding that the hearing on  May 24, 2000 was to be the beginning - not the end - of proceedings  on the issue of relief," Microsoft attorneys argued in their most recent filing.
Robert Lande, director of the American Antitrust Institute and a professor of law at the University of Baltimore, said Microsoft's  most recent filing indicates the company's has finally moved to  "Plan B," and is for the first time considering what would happen if the judge's decision is not overturned on appeal.
"Now it appears the Justice Department and the judge are taking Microsoft's arguments more seriously as well," Lande said. "Microsoft filed 42 pages of ...

PERSON: 
THOMAS PENFIELD JACKSON (85%); ROBERT LANDE (73%); 

FOCUS - 230 of 389 DOCUMENTS

Copyright 2000 CNBC, Inc.  
CNBC News Transcripts

SHOW: BUSINESS CENTER (6:30 PM ET)

May 31, 2000, Wednesday

LENGTH: 655 words

HEADLINE: ANTITRUST SUIT NEARS END OF PHASE AS MICROSOFT FILES ITS FINAL RESPONSE TO THE GOVERNMENT'S PROPOSED ANTITRUST REMEDY

ANCHORS: SUE HERERA

REPORTERS: HAMPTON PEARSON

BODY:
...build applications and hopefully compete with its twin. Microsoft will appeal any breakup decision, betting on its chances with pro-business judges at the next level.  But the judge has expressed interest in a fast-track appeal, sending the case directly to the Supreme Court.  Such a move could be seen as a plus for the government, but court watchers say Microsoft could still survive intact.
Mr. ROBERT LANDE (American Antitrust Institute): There are a lot of Supreme Court justices who might find liability, but to order Microsoft broken up, I just don't think that this Supreme Court will order Microsoft broken up.
PEARSON: Microsoft could face trouble much sooner if Judge Jackson OKs the government's request for restrictions on Microsoft's business practices as the appeals process moves forward.  Limits, ...

FOCUS - 231 of 389 DOCUMENTS

Content and programming Copyright 2000 Cable News Network Transcribed under license by FDCH e-Media, Inc. (f/k/a Federal Document Clearing House, Inc.). Formatting Copyright 2000 FDCH e-Media, Inc. (f/k/a Federal Document Clearing House, Inc.). All rights reserved. No quotes from the materials contained herein may be used in any media without attribution to Cable News Network. This transcript may not be copied or resold in any media.  
CNNFN

SHOW: DIGITAL JAM 07:30 PM Eastern Standard Time

May 30, 2000 Tuesday

Transcript # 053008cb.l11

TYPE: INTERVIEW

SECTION: Business

LENGTH: 507 words

HEADLINE: Microsoft Legal Battle, CNNfn

GUESTS: 
Bob Lande

BYLINE: Steve Young

Bob Lande, a law professor and director of the American Antitrust Institute joins us now for an update on the case and some predictions. Let's start first (20:17:20) with a proposition that Microsoft files late in the day, so it's too late for Judge Jackson to act immediately. Would you suppose that he could enter his judgment as soon as (20:17:30) Thursday? (20:17:40) (20:17:50) BOB LANDE, U. OF BALTIMORE LAW SCHOOL: That is theoretically possible, but I would really doubt it. Jackson has already been criticized for proceeding too hastily at this stage by not giving Microsoft more time to present its argument. If here (20:18:00) were to actually file his ruling on Thursday, he's be open to more criticism that this was indeed a rush to judgment.  I would expect him to wait a (20:18:10) while.
YOUNG: The government originally said it ...

PERSON: 
BOB LANDE (90%); THOMAS PENFIELD JACKSON (81%); STEVE YOUNG (81%); 

FOCUS - 232 of 389 DOCUMENTS

Copyright 2000 Chicago Tribune Company  
Chicago Tribune

May 27, 2000 Saturday, CHICAGOLAND FINAL EDITION

SECTION: News; Pg. 1; ZONE: N

LENGTH: 1351 words

HEADLINE: U.S. FINE-TUNES PLAN FOR 2-WAY MICROSOFT SPLIT;
ACCUSES COMPANY OF 'CYNICAL PLOYS'

BYLINE: By Frank James, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...expert would say, 'Why weren't you?'" Cullinan said.
"So basically what [the government] is saying is, we have competent attorneys who are prepared for the worst case, even though we believe we should have had additional process. Well, that's OK," he said.
Cullinan restated Microsoft's position that the government's proposal is "unwarranted and very extreme and in the end will harm consumers, the high-tech industry and the entire economy."
Microsoft expects to prevail on appeal, he added.
Late Friday, Robert Lande, an antitrust expert and professor at the University of Baltimore Law School, said Microsoft may have good grounds for appeal, based on what he witnessed from Jackson on Wednesday.
"I do think he made an error," said Lande, who has followed the case from its beginning. "I think he should have gone through the motions of a hearing, saying 'I'll give you two weeks ... and the government two weeks, and that's all."
In its ...

FOCUS - 233 of 389 DOCUMENTS

Copyright 2000 Seattle Post-Intelligencer  
SEATTLE POST-INTELLIGENCER

May 27, 2000, Saturday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1161 words

HEADLINE: JACKSON COULD LIMIT GATES' SHAREHOLDING;
ALLEN AND BALLMER MAY RETAINSTAKE IN TWO MICROSOFT FIRMS

BYLINE: DAN RICHMAN and CHARLES POPE P-I REPORTERS

BODY:
...Jackson's questions on Wednesday strongly suggested he favors the government's plan, it still remains possible he will fashion his own remedy. That remedy could be stricter or more lenient than that proposed by the Justice Department and 19 states, and could have different implementation dates.
Whatever remedy he chooses, Jackson could take a month or more to write a final order explaining why it's appropriate, said University of Baltimore law Professor Bob Lande.
In fact, "if he just signs the order, he's taking the risk the reviewing court will simply toss aside his remedy," said Bill Kovacic, an antitrust professor at George Washington University.
That the proceedings are disrupting Microsoft's business became obvious when the company yesterday postponed the official introduction of its strategically vital but largely incomprehensible Next Generation Windows Services strategy.
The company's stock dropped 6 cents ...

FOCUS - 234 of 389 DOCUMENTS

Copyright 2000 CNBC, Inc.  
CNBC News Transcripts

SHOW: BUSINESS CENTER (6:30 PM ET)

May 26, 2000, Friday

LENGTH: 479 words

HEADLINE: MICROSOFT ANNOUNCES A THREE-WEEK DELAY FOR THE UNVEILING OF ITS NEW STRATEGIC DIRECTION DUE TO ANTITRUST HEARINGS

ANCHORS: RON INSANA

REPORTERS: HAMPTON PEARSON

BODY:
...Department says the market-dominating Windows operating system should be spun off into its own company, with the rest of Microsoft left to sell applications, including Internet software.  In fact, there is no response to questions raised by trial Judge Thomas Penfield Jackson this week about possibly breaking the software giant into three separate companies. Antitrust experts say it was unrealistic to expect the government to change course.
Mr. ROBERT LANDE (American Antitrust Institute): They're on record as having said that the two-firm solution is the best solution.  They considered every possible breakup scenario and came to the conclusion that the two-firm breakup is optimal.  If they were to switch now, they'd totally undermine their credibility.
PEARSON: When Judge Jackson abruptly ended the trial this week without further hearings on the breakup plan, Microsoft said it had been denied its day in court and produced ...

FOCUS - 235 of 389 DOCUMENTS

Copyright 2000 Seattle Post-Intelligencer  
SEATTLE POST-INTELLIGENCER

May 26, 2000, Friday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1162 words

HEADLINE: BUT JUDGE HAS FINAL SAY ON FUTURE OF MICROSOFT

BYLINE: DAN RICHMAN P-I REPORTER

DATELINE: WASHINGTON

BODY:
...current case, we believe they actually undermine the government's arguments," said Mark Murray, a Microsoft spokesman. "At the heart of both of these e-mails is Microsoft struggling to respond to intense competition from a number of very powerful companies."
Whatever remedy Jackson chooses, he must craft it into a comprehensive final order, which will probably take at least a month, said University of Baltimore law Professor Bob Lande. The entry of that order concludes the trial and is the final step before an appeal can proceed.
Microsoft has said it will begin appellate proceedings immediately upon entry of the order. Most lawyers connected with the case believe that any restructuring would be stayed pending the appeal's outcome but that the conduct-based portion of the remedy would quickly go into effect.        This report includes information from Bloomberg News.Dan Richman can be reached ...

FOCUS - 236 of 389 DOCUMENTS

Copyright 2000 The Washington Post  
 The Washington Post

May 26, 2000, Friday, Final Edition

SECTION: FINANCIAL; Pg. E01

LENGTH: 987 words

HEADLINE: Government Still to Seek 2-Way Split Of Microsoft

BYLINE: James V. Grimaldi , Washington Post Staff Writer

BODY:
...a gamble by legal scholars yesterday, but they differed on whether the gambit imperiled his verdict. But some suggested that even if the breakup remedy were overturned on those grounds, it would simply mean that Jackson would get the case back, and would then have to hear from Microsoft's witnesses, which the company said would have included Chairman Bill Gates and chief executive Steve Ballmer.
"It's not that bad a gamble from Jackson's point of view," said Bob Lande, an antitrust scholar at the University of Baltimore law school. "He either gets away with it or the worst-case scenario is he has to give Microsoft more hearings."
But William Kovacic, another close observer of the case, called the decision Jackson's first major mistake of the trial.
"I don't understand, even if he didn't want to give them six months, why he didn't give them six weeks," Kovacic said. "I think ...

FOCUS - 237 of 389 DOCUMENTS

Copyright 2000 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

May 25, 2000 Thursday

LENGTH: 894 words

HEADLINE: Reports say Justice to stick with split

BYLINE: CBS.MarketWatch.com

BODY:
...arguments," Microsoft general counsel William H. Neukom told reporters after the hearing. "The district court has decided not to grant that process."
Neukom said that regardless of Jackson's final ruling, the company plans to prevail on appeal.
There's no certainty that Jackson will rule in favor of a breakup, but the tone of his questioning over the course of the hearing indicated such a measure is under serious consideration, said Robert Lande, a law professor at the University of Baltimore who has closely followed the trial.
Three-way split?
Indeed, Jackson cited unsolicited friend-of-the-court briefs filed by outside interest groups that called for measures that would go beyond the government's proposed two-way split.
The government plan would split Microsoft into two separate companies. One company would consist of the Windows operating system, while the other would be ...

FOCUS - 238 of 389 DOCUMENTS

Copyright 2000 Chicago Tribune Company  
Chicago Tribune

May 25, 2000 Thursday, CHICAGO SPORTS FINAL EDITION

SECTION: Business; Pg. 1; ZONE: N

LENGTH: 845 words

HEADLINE: MICROSOFT BREAKUP APPEARS PROBABLE;
JUDGE CUTS DEBATE, ORDERS REVISED PLAN

BYLINE: By Frank James, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...experts had then predicted the judge would compromise and, at the very least, provide the company with additional time to make its case.
Instead, Jackson gave the Justice Department until Friday to submit a lightly revised breakup proposal to answer some of the questions he raised Wednesday. He gave Microsoft 48 hours after the revision is filed to offer its response. With the Memorial Day holiday intervening, Microsoft's lawyers said they believed their deadline is Tuesday morning.
Robert Lande, an antitrust expert and law professor at the University of Baltimore Law School who was in the courtroom, called the judge's actions "mind-boggling." Noting that Jackson was a conservative appointed by former President Reagan, Lande said: "I really thought going into today that breakup was not on the table and the judge might start out by saying, 'I'm not going to break them up.'
"Then he astonished me, and I ...

PERSON: 
THOMAS PENFIELD JACKSON (93%); ROBERT LANDE (72%); JOHN WARDEN (66%); 

FOCUS - 239 of 389 DOCUMENTS

Copyright 2000 Seattle Post-Intelligencer  
SEATTLE POST-INTELLIGENCER

May 25, 2000, Thursday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1121 words

HEADLINE: JUDGE ENDS HEARINGS FOR MICROSOFT;
BREAKUP WILL PROBABLY BE ORDERED

BYLINE: DAN RICHMAN P-I REPORTER

DATELINE: WASHINGTON

BODY:
...company had hoped to call a series of new witnesses, including Chairman  Bill Gates and Chief Executive Steve Ballmer, as well as Wall Street investment bankers and academicians.
The next step will be for Jackson to write an order, explaining what remedy he prefers for Microsoft and his legal rationale for choosing it. His discretion in fashioning a remedy is wide, but his rationale must be clear, said Bob Lande, an antitrust expert at the University of Baltimore law school.
Writing the order is a demanding task that will take Jackson at least a month, he estimated. The entry of that order concludes the trial and is the final step before an appeal can be taken.
Lande agreed with Neukom that Jackson's denial of any hearings to Microsoft may be an appealable error.
Jackson's denial of more time for Microsoft was ...

PERSON: 
THOMAS PENFIELD JACKSON (93%); BILL NEUKOM (75%); BOB LANDE (67%); 

FOCUS - 240 of 389 DOCUMENTS

Copyright 2000 The Washington Post  
 The Washington Post

May 25, 2000, Thursday, Final Edition

SECTION: A SECTION; Pg. A01

LENGTH: 1451 words

HEADLINE: Judge Signals He'll Split Microsoft; Government Wants Firm Broken in Half, but Court May Go Further

BYLINE: James V. Grimaldi , Washington Post Staff Writer

BODY:
...company, products such as Windows and Office would never have been created. During the trial, Jackson suggested several times that Gates appear as a witness, but he never did.
Other witnesses who Microsoft attorneys said would have argued against breaking up the company included Richard Schmalensee and Lester Thurow of Massachusetts Institute of Technology and investment bankers from Goldman Sachs Group Inc. and Morgan Stanley Dean Witter.
University of Baltimore professor Bob Lande, a specialist in antitrust law, said the company might have a legitimate argument on due process. "I think Microsoft has a serious issue on appeal," said Lande, who has not been retained by either side in the antitrust case.
As the hearing began yesterday, Jackson quickly launched into a series of tough questions that indicated he was seriously considering the government proposal to split Microsoft ...

FOCUS - 241 of 389 DOCUMENTS

Copyright 2000 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

May 24, 2000 Wednesday

LENGTH: 827 words

HEADLINE: Judge puts Microsoft remedy on fast track

BYLINE: CBS.MarketWatch.com

BODY:
...arguments," Microsoft general counsel William H. Neukom told reporters after the hearing. "The district court has decided not to grant that process."
Neukom said that regardless of Jackson's final ruling, the company plans to prevail on appeal.
There's no certainty that Jackson will rule in favor of a breakup, but the tone of his questioning over the course of the hearing indicated such a measure is under serious consideration, said Robert Lande, a law professor at the University of Baltimore who has closely followed the trial.
Three-way split?
Indeed, Jackson cited unsolicited friend-of-the-court briefs filed by outside interest groups that called for measures that would go beyond the government's proposed two-way split.
The government plan would split Microsoft into two separate companies. One company would consist of the Windows operating system, while the other would be ...

FOCUS - 242 of 389 DOCUMENTS

Copyright 2000 Times Mirror Company  
Los Angeles Times

May 24, 2000, Wednesday, Home Edition

SECTION: Business; Part C; Page 3; Financial Desk

LENGTH: 728 words

HEADLINE: TECHNOLOGY; 
 MICROSOFT SEEKS TO AVERT BREAKUP; 
 COURTS: SOFTWARE GIANT WILL ARGUE TODAY THAT THE GOVERNMENT PROPOSAL TO SPLIT IT IN TWO IS AGAINST PUBLIC INTEREST. SOME SAY THE FIRM'S CLAIM IS COMPELLING.

BYLINE: JUBE SHIVER Jr., TIMES STAFF WRITER 

DATELINE: WASHINGTON

BODY:
...University law professor Andrew Gavil, who has usually sided with the government in the antitrust dispute.
"I don't seriously think the government believes it's going to get a breakup of Microsoft. I just think they put it on the table so that two years down the road when Microsoft's power has presumably grown greater without such a sanction , they can say, 'I told you so,' " said Robert H. Lande, a University of Baltimore law professor seen as sympathetic to the Justice Department.
Each side will get about an hour to argue its case today before Jackson. This comes after the Justice Department and 17 states proposed that Microsoft be broken into two companies. Microsoft then filed papers arguing that the breakup plan is "unwarranted" and proposed milder remedies.
Jackson is not expected to decide the issue immediately. In the meantime, ...

FOCUS - 243 of 389 DOCUMENTS

Copyright 2000 National Journal Group, Inc.  
National Journal's Technology Daily

PM Edition

May 24, 2000

LENGTH: 383 words

HEADLINE: ANTITRUST: Judge Leans Toward Breakup Plan

BYLINE: Drew Clark

BODY:
...lead attorney John
Warden presented an "offer of proof" opposing the remedies.
But just as Microsoft attorney Steven Holley began to read
from the document, Jackson cut him off. "You don't need to go
through that - it will speak for itself," Jackson said.
But when Holley protested that Microsoft had so little time
to prepare proposed remedies, Jackson said: "This case has been
pending for two years."
Robert Lande, a law professor at the University of
Baltimore School of Law, concurred with Microsoft that the
judge's brusque refusal to take further evidence might be
additional grounds for appeal. But at the same time, "Microsoft
may have made a miscalculation" in waiting so long to present
its alternative remedies.
Jackson "will seriously consider the government's proposal.
It was amazing - he was hinting that the government did not go
far ...

FOCUS - 244 of 389 DOCUMENTS

Copyright 2000 Gale Group, Inc.
 IAC (SM) Newsletter Database (TM)
Copyright 2000 Newsbytes News Network  
Newsbytes PM

May 24, 2000

SECTION: Pg. NA

IAC-ACC-NO: 62332768

LENGTH: 853 words

HEADLINE: Judge Abruptly Ends Microsoft Antitrust Proceedings 05/24/00; Government Activity

BYLINE: Krebs, Brian

BODY:
...Microsoft was given several opportunities to depose the government's and its own witnesses, but did not.
 When asked whether the Justice Department's final proposal would include the plan to divide the company into three separate entities, Boies was noncommittal, saying it would be taken into consideration.
 Newsbytes notes, however, that the order submitted today by Microsoft's attorneys would have called for Microsoft Chairman Bill Gates and President and CEO Steve Ballmer to testify on the company's behalf.
 Robert H. Lande, a law professor with the University of Baltimore called today's decision a "complete surprise," both in its suddenness and its implications for the case's future appeal.
 "Judge Jackson said the government could go further and have three companies rather than two, but this is mind boggling," Lande said. "I never thought we'd be talking about this issue. But it certainly gives Microsoft a leg to stand on ...

FOCUS - 245 of 389 DOCUMENTS

Copyright 2000 Post-Newsweek Business Information, Inc.  
Newsbytes

May 24, 2000, Wednesday

LENGTH: 857 words

HEADLINE: Judge Abruptly Ends Microsoft Antitrust Proceedings

BYLINE: Brian Krebs; Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...Microsoft was given several opportunities to depose the government's and its own witnesses, but did not.
When asked whether the Justice Department's final proposal  would include the plan to divide the company into three separate entities, Boies was noncommittal, saying it would be taken  into consideration.
Newsbytes notes, however, that the order submitted today by Microsoft's attorneys would have called for Microsoft Chairman  Bill Gates and President and CEO Steve Ballmer to testify on the  company's behalf.
Robert H. Lande, a law professor with the University of Baltimore called today's decision a "complete surprise," both in its suddenness and its implications for the case's future appeal.
"Judge Jackson said the government could go further and have three  companies rather than two, but this is mind boggling," Lande said.  "I never thought we'd be talking about this issue. But it certainly gives Microsoft a leg to stand on ...

FOCUS - 246 of 389 DOCUMENTS

Copyright 2000 Community Television Foundation 
of South Florida, Inc.  
The Nightly Business Report

SHOW: NIGHTLY BUSINESS REPORT (NPR 6:30:00 pm ET)

May 24, 2000

Transcript # 00052401-118  

SECTION: Business

LENGTH: 4359 words

HEADLINE: Nightly Business Report>

BYLINE: Paul Kangas, Susie Gharib

BODY:
...WOODS: The judge's move left government attorneys speechless.
 
 BILL NUKEOM, CHIEF COUNSEL, MICROSOFT: The matter is now under consideration before the court, and until the court makes its decision, we will not have any further comment on the case or any aspects of the hearing today.
 
 WOODS: Court observers were also surprised by the judge's praise today of an industry brief that calls for the company to be split into three parts.
 
 ROBERT LANDE, LAW PROFESSOR, UNIV. OF BALTIMORE: If you were only focusing in on today, you'd say at a minimum he's seriously thinking of divestiture and he is contemplating, do we break them into two firms, do we break them into three firms, how do we structure the divestiture?
 
 WOODS: In its defense, Microsoft said the government proposal will "go a very long way in ensuring that Microsoft is the one company in the world that won't win-- can't win the ...

FOCUS - 247 of 389 DOCUMENTS

Copyright 2000 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

May 23, 2000 Tuesday

LENGTH: 775 words

HEADLINE: Government, Microsoft ready to return to court

BYLINE: CBS.MarketWatch.com

BODY:
...Jackson's legal conclusions, but is currently focused on convincing the judge that even if his ruling holds up, the government's breakup proposal is out of line.
Jackson is widely expected to reject Microsoft's call to extend the timetable for the remedy phase until December. Nevertheless, the scope of the government's breakup proposal will probably prompt the judge to give Microsoft several weeks to ready itself for further hearings, said Robert Lande, a law professor at the University of Baltimore and research fellow at the American Antitrust Institute.
Jackson isn't likely to extend the remedy phase that long, but may be willing to give the company two to three weeks to prepare, said Robert. Lande, a University of Baltimore law professor and research fellow at the American Antitrust Institute.
Sterling agreed that Jackson is likely to give Microsoft a few weeks to prepare, but expects the judge to issue a ruling as early as next month.
"Jackson has been more than clear that he wants to rule quickly and move the case into the appellate process," Sterling said.
Shares of Microsoft fell 1 to 63 3/16.
1997- ...

FOCUS - 248 of 389 DOCUMENTS

Copyright 2000 Gale Group, Inc.
 ASAP
Copyright 2000 The Nation Company L.P.  
The Nation

May 22, 2000

SECTION: No. 20, Vol. 270; Pg. 5 ; ISSN: 0027-8378

IAC-ACC-NO: 61892044

LENGTH: 808 words

HEADLINE: Antitrust & the Media-II; viewpoint on media oligopoly; Brief Article

BYLINE: Lande, Robert H.

BODY:
...Federal Trade Commission, the Federal Communications Commission and the Justice Department's antitrust division; CEOs of media companies; and representatives of consumer groups. The committee would identify problems that may be caused by large media mergers and by media convergence. If the committee concludes that existing antitrust laws are inadequate, it should recommend to Congress that new antimerger legislation be enacted. This may be the only way to prevent the nightmare scenario of a media oligopoly.
 Robert H. Lande is Venable Professor of Law at the University of Baltimore and senior research scholar at the American Antitrust Institute.

FOCUS - 249 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

May 21, 2000 Sunday

SECTION: M AND A

LENGTH: 1172 words

HEADLINE: Food deals all talk now, but must act eventually

BYLINE: by Jaret Seiberg

BODY:
...much of the market that they can force suppliers to offer products at below market prices.
"The driving force is that retailers are getting larger," said Ann Gurkin, an analyst at the Richmond, Va.-based Davenport & Co. brokerage firm. "Companies like Wal-Mart are a very powerful customer now, and they push hard on prices. To stand up to these larger customers, it behooves these food companies to consolidate."
Bob Lande, a senior research fellow at the American Antitrust Institute, said his Washington, D.C.-based antitrust advocacy group has been expecting this reaction from the food sector since regulators permitted a wave of retail consolidation starting in 1998.
"A natural response to monopsony buyer power is to merge and regain some of that power," Lande said.
Clearly, some companies are on the bubble. Diageo, for one, could wind ...

FOCUS - 250 of 389 DOCUMENTS

Copyright 2000 Scripps Howard, Inc.  
Scripps Howard News Service

May 01, 2000, Monday

SECTION: COMMENTARY

LENGTH: 521 words

HEADLINE: The Word on Microsoft

BODY:
...itself. Microsoft supporters and some analysts have suggested that Judge Thomas Penfield Jackson's push for expedited briefings is a signal that he isn't interested in a breakup. "Jackson is a Reagan-appointed judge who gave Microsoft only 12 days to react; if he were contemplating breakup, he would have given them more time. Doesn't it show something about his mind-set?" asked University of Baltimore law professor Bob Lande.
Yet Jackson has ruled against Microsoft at every stage since he began hearing the case, starting with a preliminary injunction against the company in 1997 that partially limited its ability to preinstall Internet Explorer in Windows 95. On most matters he has consistently credited government arguments and dismissed company rebuttals, and his "findings of fact" in particular were a drubbing for Microsoft.
But a three- ...

FOCUS - 251 of 389 DOCUMENTS 

Copyright 2000 The Baltimore Sun Company 

THE BALTIMORE SUN 

April 29, 2000, Saturday ,FINAL 

SECTION: BUSINESS ,13C 

LENGTH: 1136 words 

HEADLINE: Microsoft's run to glory seems unlikely to stop; Analysts worry about implications of government's role; Profits and precedents; The giant's future 

BYLINE: Stacey Hirsh 

SOURCE: SUN STAFF 

BODY: 
...tied up in software has increased, said Robb, who believes that Microsoft is not as dominant in the marketplace as it was five years ago. With a breakup, PC makers might be able to push that percentage lower, Robb said.
 Several analysts said most of the effects of the government's recommendation have already been felt in the market.
 "I bet at this stage most of the effects have already taken place," said Robert Lande, a professor at the University of Baltimore who has been following the case closely.
 Lande and other analysts said an eventual breakup is improbable, and many say Microsoft will likely appeal the decision. But the question of whether Microsoft is as efficient and profitable as the sum of its parts still remains.
 "I think the answer is, we don't know," Whyman said.
 Mortenson said a breakup could slow down the company considerably, particularly since ...

FOCUS - 252 of 389 DOCUMENTS

Copyright 2000 Kiplinger Washington Editors, Inc.
All Rights Reserved  
Kiplinger Business Forecasts

April 28, 2000

SECTION: Vol. 2000, No. 0428

LENGTH: 268 words

HEADLINE: Breakup of Microsoft Unlikely

BYLINE: Michael Doan

BODY:
...60-day schedule for the remedy phase of the trial if he were considering an antitrust "death penalty."
 And the Justice Department would not have proposed much milder penalties in talks with Microsoft if it were intent on breaking up the company. Most likely, the government hopes to get more from the judge by taking a hard line and also be able to say "I told you so" if the final penalties don't work, says Robert Lande, a University of Baltimore law professor.
 Chances are, Jackson will order Microsoft to sell its Windows codes to competitors and bar it from giving discounts to computer manufacturers that bundle more than one of its products together.
 But an appeals court or the Supreme Court will probably soften the penalty even further. Appeals will last for years. And if George W. Bush is elected president, he may well try to ...

FOCUS - 253 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

April 13, 2000 Thursday

SECTION: M AND A

LENGTH: 834 words

HEADLINE: FTC approves Arco-BP Amoco deal

BYLINE: by Jaret Seiberg

BODY:
...said. 'That shows the additional requirement that Pitofsky was seeking to impose was a pretty far-reaching and radical one.'
The next time the FTC seeks to impose a radical restriction on a deal, the companies may be more prone to lobby the other commissioners for less severe restrictions, Mahinka said. 'It opens up this possibility now,' he said.
Yet American Antitrust Institute senior research scholar Robert Lande said Pitofsky's loss on the oil export ban should not overshadow the enormity of his victory in the case. The FTC forced BP Amoco to divest some of Arco's most-important assets.
'These were the crown jewels of the company,' said Lande, whose nonprofit group advocates enforcement of the antitrust laws. 'This was not a minor victory. This was a major victory.' The agreement also demonstrates that the FTC is serious that the divestiture of assets must go to companies ...

PERSON: 
ROBERT PITOFSKY (92%); ROBERT LANDE (55%); 

FOCUS - 254 of 389 DOCUMENTS

Copyright 2000 Daily News, L.P.  
Daily News (New York)

April 12, 2000, Wednesday SPORTS FINAL EDITION

SECTION: BUSINESS; Pg. 39

LENGTH: 406 words

HEADLINE: GATES WORKS HARD TO KEEP CO. WHOLE

BYLINE: By RACHEL SCHEIER DAILY NEWS BUSINESS WRITER

BODY:
As Bill Gates continues to schmooze politicians, wave to his public and make nightly prime-time TV appearances looking like a benevolent schoolteacher, legal experts said the government probably won't try to split apart his company.
"Judges don't want to break up big, efficient ongoing businesses," said Bob Lande, a University of Baltimore law professor, summing up the predictions a many anti-trust experts who have been following the case.
Their comments came on the heels of fresh news reports this week that the Justice Department and 19 states were leaning toward proposing restrictions on Microsoft's behavior rather than trying to break the company up.

FOCUS - 255 of 389 DOCUMENTS

Copyright 2000 Little Rock Newspapers, Inc.  
Arkansas Democrat-Gazette (Little Rock, AR)

April 10, 2000, Monday

SECTION: NEWS; Pg. D1

LENGTH: 1260 words

HEADLINE: Microsoft antitrust case puts government in a quandary

BYLINE: ANDREW J. GLASS, COX NEWS SERVICE

BODY:
...damages, according to legal experts.
IBM, Intel, Netscape Communications Corp., now part of America Online Inc., and Sun Microsystems are among the firms Jackson said were wronged by Microsoft. All could sue Microsoft for damages and rely heavily on the government's case to prove their case.
"For many of these lawsuits, the government has already done 90 percent of the legwork," noted University of Baltimore School of Law Professor Bob Lande.
"Now that Judge Jackson has issued a judgment on the findings of fact, they potentially become legally significant in our case," said Dan Small, a partner with Cohen, Milstein, Hausfeld & Toll. The Washington-based firm is striving to coordinate many of the 120 suits filed to date and consolidate them into larger class-action suits.
In the face of the judicial onslaught and the further dangers it poses for Microsoft, Gates and his ...

FOCUS - 256 of 389 DOCUMENTS

Copyright 2000 Industry Standard Communications Inc.  
The Industry Standard

April 10, 2000

LENGTH: 1710 words

HEADLINE: Judge Rules Against Microsoft in Antitrust Case

BYLINE: Elizabeth Wasserman

DATELINE: UPDATE WASHINGTON, D.C.

BODY:
...can go in pressuring competitors. Large IT players must be careful about their aggressiveness lest they face lawsuits and liability if their hardball tactics create anticompetitive obstacles. Microsoft is hardly the only bully on the block."
Other experts disagreed on how the ruling will impact the high-tech sector. "Companies in the high-tech field don't have to be too scared. Monopolization cases are few and far between," says Bob Lande, a professor at the University of Baltimore School of Law and director of the American Antitrust Institute. "This should not send shivers through the high-tech world at all."
Supporters of Microsoft's position argued Monday that the decision could impact unrelated firms with large market positions, such as Intel and Cisco Systems.
"Once people see what the rules are, all sorts of collaboration and alliances and exclusive dealing and all sorts of situations where someone has a very ...

FOCUS - 257 of 389 DOCUMENTS 

Copyright 2000 CMP Media Inc.  

InternetWeek 

April 10, 2000 

LENGTH: 1144 words 

HEADLINE: Microsoft Verdict Won't Derail IT Plans 

BYLINE: MITCH WAGNER 

BODY: 
...promoted Netscape's Navigator. Microsoft also worked to minimize portability of Java between Windows and other platforms, Jackson said. Other possible remedies include breaking the company up, requiring Microsoft to publicize application programming interfaces (APIs), requiring the vendor to license Windows source code and restricting the price Microsoft can charge for its products. 
Legal experts had varied opinions on what remedies the judge will impose. Robert Lande, a professor at the University of Baltimore Law School, said the judge may force Microsoft to let hardware vendors alter the boot screen of Windows so they control its appearance. 
Opinions on a possible breakup were mixed, but Hillard Sterling, an attorney with Gordon & Glickson in Chicago, said breaking up the company is indeed a viable option that would eliminate Microsoft's monopoly status without ...

FOCUS - 258 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

April 10, 2000, Monday, FINAL EDITION

SECTION: NEWS; Pg. 10A

LENGTH: 747 words

HEADLINE: Company's breakup unlikely to happen

BYLINE: Paul Davidson

BODY:
...proposed sanctions: making Microsoft offer versions of Windows
without its own middleware, and letting PC makers display their
own first screen that users see when turning on PCs. It could
promote non-Microsoft products.
By giving Microsoft just 12 days to respond to the government's
proposed remedies, Jackson "sent a strong signal" that he is
looking for conduct penalties, not a breakup, says Bob Lande of
the University of Baltimore Law School. But William Kovacic of
George Washington University Law School says Jackson typically
sets aggressive schedules, then provides more time if needed.
Meanwhile, Microsoft continues to air a TV ad aimed at burnishing
its image following the ruling. It features Chairman Bill Gates
saying the company's goal is "to keep innovating." He adds,
"The best is yet to come."

FOCUS - 259 of 389 DOCUMENTS

Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

April 9, 2000, Sunday, Home Edition

SECTION: News; Pg. 12A

LENGTH: 1029 words

HEADLINE: Company braces for penalties;
 Attorneys ready to appeal;
 A LOOK AHEAD FOR MICROSOFT

BYLINE: Andrew J. Glass, Staff

SOURCE: AJC

DATELINE: Washington

BODY:
...civil lawsuits, according to legal experts.
IBM, Intel, Netscape Communications Corp., now part of America Online Inc., and Sun Microsystems are among the firms Jackson said were wronged by Microsoft.
All could sue Microsoft for damages using the government's case to prove their own case.
''For many of these lawsuits, the government has already done 90 percent of the legwork,'' noted University of Baltimore School of Law professor Bob Lande.
''Now that Judge Jackson has issued a judgment on the findings of fact, they potentially become legally significant in our case,'' said Dan Small, a partner with Cohen, Milstein, Hausfeld & Toll. The Washington-based firm is striving to coordinate many of the 120 suits filed to dateand consolidate them into larger class-action suits.
In the face of the judicial onslaught and the further dangers it poses for Microsoft, Gates & ...

FOCUS - 260 of 389 DOCUMENTS 

Copyright 2000 The Baltimore Sun Company 

THE BALTIMORE SUN 

April 9, 2000, Sunday ,FINAL 

SECTION: BUSINESS ,1D 

LENGTH: 1083 words 

HEADLINE: Judge in case can browse through variety of options; 'Baby Bills,' auction of licenses among possible solutions; Microsoft antitrust lawsuit 

BYLINE: Mark Guidera 

SOURCE: SUN STAFF 

BODY: 
...monopoly in the OS market -- is take that away," said Jeffrey Eisenach, president of the Progress & Freedom Foundation, a Washington-based technology think tank that advocates a breakup. "Splitting the company into three or four companies which would compete with one another is the only sensible way to prevent Microsoft from coming back again to crush competition and innovation."
 Some legal scholars, like University of Baltimore Law School Professor Robert H. Lande, who has followed the Microsoft case closely, believe that a breakup is more unlikely than ever in light of Jackson's order Tuesday for Justice Department and Microsoft lawyers to submit their suggested remedies within 60 days, a blisteringly fast schedule given the complexities of the case.
 Wall Street is betting that a settlement will be struck before the case goes further, said Patrick Dorsey, director of analysis for ...

FOCUS - 261 of 389 DOCUMENTS

Copyright 2000 Palm Beach Newspaper, Inc.  
Palm Beach Post (Florida)

April 9, 2000, Sunday, MARTIN-ST. LUCIE EDITION

SECTION: A SECTION, Pg. 1A

LENGTH: 1224 words

HEADLINE: LEGAL PENALTIES, LAWSUITS CLOUD MICROSOFT'S FUTURE

BYLINE: Andrew J. Glass, Palm Beach Post Washington Bureau

DATELINE: WASHINGTON

BODY:
...according to legal experts.
IBM, Intel, Netscape Communications Corp., now part of America Online Inc., and Sun Microsystems are among the firms Jackson said were wronged by Microsoft. All could sue Microsoft for damages and rely heavily on the government's case to prove their own case.
"For many of these lawsuits, the government has already done 90 percent of the legwork," noted University of Baltimore School of Law professor Bob Lande.
"Now that Judge Jackson has issued a judgment on the findings of fact, they potentially become legally significant in our case," said Dan Small, a partner with Cohen, Milstein, Hausfeld & Toll. The Washington-based firm is striving to coordinate many of the 120 suits filed to date and consolidate them into larger class-action suits.
In the face of the judicial onslaught and the further dangers it poses for Microsoft, Gates & ...

FOCUS - 262 of 389 DOCUMENTS

Copyright 2000 The Economist Newspaper Ltd. 
All rights reserved  
The Economist

April 08, 2000 , U.S. Edition

1445 words

After the verdict

BODY:
...ways, the cleanest and best solution would be to break Microsoft up into two or three competing Windows companies and a single applications company. That would avoid onerous long-term supervision to enforce court remedies, and it would give an enormous boost to competition and innovation in the operating-systems market. But, although the Justice Department and the states might favour it, a court mandated break-up remains unlikely. Bob Lande, a professor at the University of Baltimore School of Law, says: "AT&T is the most recent exception to the rule. Call it conservatism or risk-avoidance, we just don't like to break up big companies."
If a break-up of Microsoft is deemed too Draconian, the Justice Department will still be keen to come up with proposals that have structural elements and are thus, so far as possible, self-policing. Some have suggested forced ...

FOCUS - 263 of 389 DOCUMENTS

Copyright 2000 Cox Enterprises, Inc.  
Cox News Service

April 7, 2000

SECTION: Washington - general news

LENGTH: 1242 words

HEADLINE: FOR MICROSOFT, THE ROAD AHEAD LOOKS MORE DIFFICULT

BYLINE: ANDREW J. GLASS

DATELINE: WASHINGTON

BODY:
...according to legal experts.
IBM, Intel, Netscape Communications Corp., now part of America Online Inc., and Sun Microsystems are among the firms Jackson said were wronged by Microsoft. All could sue Microsoft for damages and rely heavily on the government's case to prove their own case.
"For many of these lawsuits, the government has already done 90 percent of the legwork," noted University of Baltimore School of Law professor Bob Lande.
"Now that Judge Jackson has issued a judgment on the findings of fact, they potentially become legally significant in our case," said Dan Small, a partner with Cohen, Milstein, Hausfeld & Toll. The Washington-based firm is striving to coordinate many of the 120 suits filed to date and lawsuits and consolidate them into larger class-action suits.
In the face of the judicial onslaught and the further dangers it poses for Microsoft, ...

FOCUS - 264 of 389 DOCUMENTS

Copyright 2000 Chicago Tribune Company  
Chicago Tribune

April 5, 2000 Wednesday, CHICAGO SPORTS FINAL EDITION

SECTION: Business; Pg. 1; ZONE: N

LENGTH: 723 words

HEADLINE: MICROSOFT JUDGE NOW FACES THE TOUGH PART;
MANY FACTORS AT PLAY IN ANTITRUST REMEDY

BYLINE: By Frank James, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...Department view that Microsoft broke a consent decree the agency reached with the company five years ago. So any remedy will have to have teeth, experts say.
But the judge is likely mindful of the harm a harsh remedy could cause Microsoft, with spillover effects for the high-tech sector that drives much of the nation's economy and has helped make the U.S. the technological envy of the world.
"Boy, this is going to be tough," said Robert H. Lande, senior research fellow at American Antitrust Institute. "You don't decide the remedy in a case like this easily. The remedy is the hard part. It's so complicated.
"There's no such thing as a perfect solution--impossible. You can have a solution that doesn't disrupt Microsoft much. But then it has a very low probability of curing the competitive evil. If you have a very strict solution, that will disrupt Microsoft in the short ...

FOCUS - 265 of 389 DOCUMENTS

Copyright 2000 Chicago Tribune Company  
Chicago Tribune

April 5, 2000 Wednesday, EVENING UPDATE EDITION

SECTION: NEWS; Pg. 2; ZONE: C; EVENING. People. QUOTES OF THE DAY.

LENGTH: 415 words

BODY:
...all of them face justice in The Hague.'
'Dignity Day.'
What Jesse Jackson called for Tuesday to mark the anniversary of the assassination of Martin Luther King Jr.
'That is one of the things the Fed has been hoping for.'
David Orr, chief economist at First Union Corp.in Charlotte, N.C., on the drop in the index of leading economic indicators.
'You don't decide the remedy in a case like this easily.'
Robert H. Lande, senior research fellow at American Antitrust Institute, on what now faces Judge Thomas Penfield Jackson in the Microsoft case.
'It is a fascinating collection of buildings.'
Jim Peters, Chicago's deputy planning commissioner of the Landmarks Division, about former auto showrooms along South Michigan Avenue.
'EcoCabs.'
The name for London cabs which emit less pollution than conventional cabs.
'Anorexic architecture.' ...

FOCUS - 266 of 389 DOCUMENTS 

Copyright 2000 The Baltimore Sun Company 

THE BALTIMORE SUN 

April 4, 2000, Tuesday ,FINAL 

SECTION: TELEGRAPH ,1A 

LENGTH: 775 words 

HEADLINE: Dragging its heels could help company; It should fare better on appeal and if GOP wins presidency; Analysis 

BYLINE: Michael Stroh 

SOURCE: SUN STAFF 

BODY: 
...popular Linux operating system -- might undercut the charge that Microsoft is a monopolist.
 But experts said the most compelling reason to press on in the courts is that Microsoft couldn't do worse than it did in Jackson's courtroom, and there is evidence to suggest it would do much better in someone else's.
 "They've made Judge Jackson so angry with all their shenanigans. They probably figure, 'Let's just start over,' " said Bob Lande, an authority on antitrust law with the University of Baltimore who has followed the case.
 "The worst-case scenario is whatever they would have ended up conceding to the government today they will concede in two years. And they could get lucky," he said.
 Public statements by Microsoft officials in the past few days seem to indicate that this is what the company is thinking.
 After settlement talks with the Justice Department and 19 state attorneys general broke ...

FOCUS - 267 of 389 DOCUMENTS

Copyright 2000 Globe Newspaper Company  
The Boston Globe

April 4, 2000, Tuesday ,THIRD EDITION

SECTION: NATIONAL/FOREIGN; Pg. A1

LENGTH: 861 words

HEADLINE: THE MICROSOFT DECISION / NEWS ANALYSIS;
FOR CORPORATION, REASONS TO KEEP THE BATTLE GOING

BYLINE: By Hiawatha Bray, Globe Staff

BODY:
...case."
But that's not how it looks to Connecticut Attorney General Richard Blumenthal, who sees Jackson's ruling as vindication of his view that Microsoft has hurt consumers.  "All of the findings point to the conclusion, and I think it'll be strong on appeal, that Microsoft engaged in classic anticompetitive behavior," Blumenthal said.
Still, even some stern Microsoft critics think the company may survive the process intact.  Bob Lande, board member of the American Antitrust Institute, says the wording of Jackson's ruling gives him hope that Microsoft will be broken up. "Strong language gives rise to a strong remedy," he said.
Yet Lande still doubts that Jackson will go that far.
"Judges rarely break up companies," he said.  "Rarely."

FOCUS - 268 of 389 DOCUMENTS

Copyright 2000 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

April 4, 2000 Tuesday

LENGTH: 1398 words

HEADLINE: Judge rules Microsoft violated antitrust laws

BYLINE: CBS.MarketWatch.com

BODY:
...Klein said officials were pondering whether to ask Jackson to impose interim measures aimed at restricting Microsoft's conduct pending a remedy decision. Although Klein wouldn't identify what type of remedy the government would pursue, antitrust experts said the harsh wording of the ruling may embolden the government to seek far-reaching measures.
The ruling "means a strict remedy will at least be on the table," said Robert H. Lande, a law professor at the University of Baltimore Law School and senior research fellow at the American Antitrust Institute, a Washington-based think tank that has advocated a breakup of Microsoft.
An adverse ruling for the software giant was never much in doubt. In his findings of fact released last year, Jackson portrayed Microsoft as a ruthless monopolist that used its dominant Windows operating ...

FOCUS - 269 of 389 DOCUMENTS

Copyright 2000 Chicago Tribune Company  
Chicago Tribune

April 4, 2000 Tuesday, CHICAGO SPORTS FINAL EDITION

SECTION: News; Pg. 1; ZONE: N

LENGTH: 1056 words

HEADLINE: MICROSOFT IS RULED AN ILLEGAL MONOPOLY;
RULING REASSERTS ANTITRUST PREMISE

BYLINE: By Merrill Goozner, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...cases shouldn't be brought if they are going to chill innovation," said Eleanor Fox, a professor of antitrust law at New York University. "What the judge ruled is that Microsoft used its market power to prevent innovation."
The proof is in the fact that alternatives to Microsoft's monopoly have not emerged in the marketplace, other experts said. "Microsoft has had a monopoly for 10 years now and there are still no real competitors," said Robert Lande, a senior research scholar at the American Antitrust Institute.
"There are 'network' effects when you are the first one to control a marketplace. People want documents created on their word processing program to be able to be read by others on the network. So it is very hard for anyone else to get established," he said.
 
ANALYSIS.

FOCUS - 270 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

April 4, 2000 Tuesday

SECTION: RULES OF THE ROAD

LENGTH: 1009 words

HEADLINE: Battle In the Barnyard

BYLINE: by Jaret Seiberg

BODY:
...an appeal would take is less clear.
In a conference call with reporters, Bill Neukom, Microsoft executive vice president for law and corporate affairs, said a three-judge panel of the federal appeals court could rule within a year.
Many antitrust lawyers said any appeal would likely take a minimum of 18 months and more likely up to three years. Said Bob Lande, senior research fellow at the American Antitrust Institute. " This has always taken longer than expected."
Two lawyers said a longer delay would benefit Microsoft, which would have more time to consolidate its hold on the browser market before any remedy is implemented.
It's no Microsoft controversy, but a federal judge could decide as early as today if antitrust regulators should consider generic products when evaluating the competitive effects of mergers ...

FOCUS - 271 of 389 DOCUMENTS

Copyright 2000 Daily News, L.P.  
Daily News (New York)

April 4, 2000, Tuesday SPORTS FINAL EDITION

SECTION: BUSINESS; Pg. 42

LENGTH: 321 words

HEADLINE: MICROSOFT BANKS ON DEAWN OUT APPEAL TECH ISSUES COULD MAKE ISSUES STA LE

BYLINE: By RACHEL SCHEIER and ERIC HERMAN DAILY NEWS STAFF WRITER

BODY:
Microsoft Chairman Bill Gates is counting on winning an appeal of the software giant's branding by a federal judge as an illegal monopoly rather than settle the government's antitrust suit.
The move means Gates has cast his dice on a host of factors that probably won't be determined for years.
"Delay, delay, delay," said Robert Lande, a University of Baltimore law professor, summarizing Microsoft's legal strategy.

PERSON: 
WILLIAM HENRY 'BILL' GATES III (92%); RICH GRAY (63%); ROBERT LANDE (63%); 

FOCUS - 272 of 389 DOCUMENTS

Copyright 2000 Times Mirror Company  
Los Angeles Times

April 4, 2000, Tuesday, Home Edition

SECTION: Part A; Page 1; Financial Desk

LENGTH: 2335 words

HEADLINE: THE MICROSOFT RULING; 
 MICROSOFT VIOLATED FEDERAL ANTITRUST LAWS, JUDGE RULES; 
 COURTS: SOFTWARE GIANT PLACED 'AN OPPRESSIVE THUMB' ON COMPETITION TO GUARANTEE DOMINANCE, THE HARSHLY WORDED RULING STATES. OPINION SETS STAGE FOR SHOWDOWN OVER SANCTIONS. COMPANY VOWS TO APPEAL.

BYLINE: JUBE SHIVER Jr. and MICHAEL A. HILTZIK, TIMES STAFF WRITERS 

DATELINE: WASHINGTON

BODY:
...punishment will likely be telegraphed by whether Jackson chooses to have extensive oral argument on sanctions or just written briefs. They also say punishment could be imposed on Microsoft even before a final ruling.
"If the judge has an abbreviated remedy phase, then we know it's going to be a mild remedy; if it's extensive, then we know at least the possibility of a breakup or other structural relief is on the table," said Robert H. Lande, a law professor at the University of Baltimore.
When asked whether he might seek to enjoin Microsoft's illegal business practices before a remedy is fashioned, Klein said: "I think it's appropriate for us to consider all of our options."
Few antitrust experts expect Jackson to insist on the most draconian measures, such as a breakup or the distribution of Windows source code--its essential blueprint--to rival software companies.
" ...

FOCUS - 273 of 389 DOCUMENTS

Copyright 2000 National Public Radio (R).  All rights reserved. No quotes from the materials contained herein may be used in any media without attribution to National Public Radio.  This transcript may not be reproduced in whole or in part without prior written permission.  For further information, please contact NPR's Permissions Coordinator at (202) 513-2000.  
National Public Radio (NPR)

SHOW: MORNING EDITION (10:00 AM ET)

April 4, 2000, Tuesday

LENGTH: 1212 words

HEADLINE: JUDGE THOMAS JACKSON'S STATEMENTS THAT MICROSOFT ACTED AS A PREDATORY MONOPOLY ARE EXPECTED TO MAKE IT A TARGET FOR PRIVATE LAWYERS AND STATE ATTORNEYS GENERAL

ANCHORS: BOB EDWARDS

REPORTERS: ELAINE KORRY

BODY:
ELAINE KORRY reporting:
Judge Jackson's ruling pulled no punches.  He declared that Microsoft had placed an oppressive thumb on the scale of competitive fortune and trammeled the competitive process.  According to Professor Bob Lande, director of the American Antitrust Institute, it's a sweeping victory for the government.
Professor BOB LANDE (American Antitrust Institute): It is so strong that it suggests a strong remedy.  It suggests that anything is possible, even a breakup of Microsoft.
KORRY: Yet, even Lande doesn't expect Jackson to actually order a breakup. He says federal judges just never do.  And short of that, Microsoft ultimately may have more to fear from private consumers than from the government.  Daniel Rubinfeld teaches law and economics at the ...

PERSON: 
ELAINE KORRY (93%); BOB EDWARDS (92%); THOMAS PENFIELD JACKSON (92%); RICHARD MCKENZIE (72%); BOB LANDE (55%); 

FOCUS - 274 of 389 DOCUMENTS

Copyright 2000 Knight Ridder/Tribune Business News
Copyright 2000 The News Tribune  
The News Tribune

April 4, 2000, Tuesday

KR-ACC-NO: TC-MICROSOFT

LENGTH: 1471 words

HEADLINE: Microsoft Called 'Predatory' Monopolist by Judge in Anti-Trust Dispute

BYLINE: By Cynthia Flash and Les Blumenthal

BODY:
...put money into the company at this point," CIBC World Markets analyst Melissa Eisenstat told CNBC Monday. She downgraded the stock Monday to hold from buy.
It was unclear Monday what the immediate impact on the public would be. While Justice Department officials hailed the ruling as a victory for consumers, Microsoft supporters said consumers already benefited from technology industry innovations and could be harmed if Microsoft is injured by the lawsuit.
Robert Lande, a professor at the Baltimore Law School, said Jackson had stripped the case back to its fundamentals, a dispute over Internet browsers.
"This flows nicely from his findings of fact," said Lande, who is a senior research fellow at the American Antitrust Institute, which has sided with Microsoft's competitors. "We are back to the hardest issue, trying to find a remedy that will satisfy consumers, Microsoft stockholders and maintain innovation in the ...

FOCUS - 275 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

April 4, 2000, Tuesday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 1777 words

HEADLINE: Microsoft ruling open to appeal Future may hold lawsuits, stronger rivals, breakup

BYLINE: Paul Davidson

BODY:
...a related case would force Jackson to rule that
it did not improperly meld the products, neutering a central claim.
But Jackson asserted that the appeals court "ignores reality"
by saying Microsoft only needs to show one consumer benefit, without
balancing "advantages against any anti-competitive effects."
He also said it involved a narrow contract dispute, not an antitrust
case. Bob Lande, of the University of Baltimore Law School, says
Jackson deftly danced around the earlier decision. But McTamaney
says he leaves himself vulnerable by contradicting the higher
court.
Jackson also found that Microsoft illegally maintained its monopoly
in other ways, especially by:
* Using "threats" and pressure to prompt PC makers to
feature its Internet Explorer browser and not Netscape's. The
tying of Explorer to Windows was part of a "larger ...

FOCUS - 276 of 389 DOCUMENTS

Copyright 2000 The Federal Capital Press of Australia
Pty Limited  
Canberra Times (Australia)

April 3, 2000, Monday Edition

SECTION: Part A; Page 14

LENGTH: 1007 words

HEADLINE: LACK OF TRUST HINDERS ANTITRUST

BYLINE: JOE WILCOX ANTI-TRUSTING

BODY:
...Wednesday.
In addition, there is probably also a fear of words. Ambiguity in a 1995 consent decree between the DOJ and Microsoft, after all, allowed the company to tie Internet Explorer eventually with Windows 95 and Windows 98, leading indirectly to the current case.
" Microsoft has had two years to finely craft a proposal with lots of subtle loopholes, and the enforcers know this,"  said University of Baltimore School of Law professor Bob Lande, " so Microsoft puts the proposal on the table, and the enforcers say, "Oh, my God, we got to work 24 hours a day to figure out what they are.' " George Washington University School of Law professor Bill Kovacic believes that some states will be hard to sell almost any agreement restricting Microsoft's business conduct but not demanding break-up of the company. " If I were placing bets, I would ...

FOCUS - 277 of 389 DOCUMENTS

Copyright 2000 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

April 3, 2000 Monday

LENGTH: 1141 words

HEADLINE: Judge rules Microsoft violated antitrust laws

BYLINE: CBS.MarketWatch.com

BODY:
...Klein said officials were pondering whether to ask Jackson to impose interim measures aimed at restricting Microsoft's conduct pending a remedy decision. Although Klein wouldn't identify what type of remedy the government would pursue, antitrust experts said the harsh wording of the ruling may embolden the government to seek far-reaching measures.
The ruling "means a strict remedy will at least be on the table," said Robert H. Lande, a law professor at the University of Baltimore Law School and senior research fellow at the American Antitrust Institute, a Washington-based think tank that has advocated a breakup of Microsoft.
An adverse ruling for the software giant was never much in doubt. In his findings of fact released last year, Jackson portrayed Microsoft as a ruthless monopolist that used its dominant Windows operating ...

FOCUS - 278 of 389 DOCUMENTS

Copyright 2000 Globe Newspaper Company  
The Boston Globe

April 2, 2000, Sunday ,THIRD EDITION

SECTION: BUSINESS; Pg. A1

LENGTH: 949 words

HEADLINE: MICROSOFT, US TALKS COLLAPSE IN FAILURE

BYLINE: By Hiawatha Bray, Globe Staff

BODY:
...Standard Oil trust in the early 20th century.
But Neukom said that Microsoft has a good chance of winning on appeal. He referred to a 1998 federal appeals court ruling that upheld Microsoft's right to include an Internet browser with its Windows 98 operating system. "This case is a longstanding play," Neukom said. "We are just in the middle of it. There are a lot more rounds to come."
Bob Lande, a Microsoft critic and board member of the American Antitrust Institute, said that a breakup of the company would be the only way to prevent further abuses of power.
Lande also said that if there is no further effort to settle the case, it will probably be another two years before Jackson announces penalties, and Microsoft would then appeal all the way to the US Supreme Court.  SIDEBAR: COMMENTS FROM JUDGE IN MICROSOFT DISPUTE FOLLOWING ARE EXCERPTS FROM THE ...

FOCUS - 279 of 389 DOCUMENTS

Copyright 2000 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

April 2, 2000 Sunday

LENGTH: 1063 words

HEADLINE: Judge likely to issue Microsoft ruling this week

BYLINE: CBS.MarketWatch.com

BODY:
...talks in ruins, speculation about a remedy will center on the wording of the judge's ruling. The plaintiffs' comfort in seeking a far-reaching remedy will be in direct proportion to how Jackson portrays the scope and the frequency of any illegal acts by Microsoft.
It will be a question of "how many bodies were left bleeding on the floor" by Microsoft's conduct, said Robert H. Lande, a law professor at the University of Baltimore Law School and senior research fellow at the American Antitrust Institute, a Washington think tank that has advocated a breakup of the software giant.
Meanwhile, the states and the Justice Department will have to iron out any differences in their approaches to a remedy.
The talks were clearly headed for collapse Saturday morning after Microsoft rejected a government reply to its ...

FOCUS - 280 of 389 DOCUMENTS

Copyright 2000 Times Publishing Company  
St. Petersburg Times (Florida)

April 02, 2000, Sunday, 0 South Pinellas Edition

SECTION: NATIONAL; Pg. 1A

LENGTH: 1034 words

HEADLINE: Microsoft mediator gives up; talks end

DATELINE: CHICAGO

BODY:
...Washington Post, citing sources close to the government case, reported that Microsoft refused to close loopholes in its proposals and that its final offer was wholly inadequate to correct the damage done to the marketplace by Microsoft's anti-competitive conduct. It is thought that Jackson may call for the dismantling of Microsoft into several separate firms in a manner similar to the breakup of the Standard Oil trust in the early 20th century.
Bob Lande, a Microsoft critic and board member of the American Antitrust Institute, said a breakup of the company would be the only way to prevent further abuses of its power.
"If there's a repeated pattern of going way, way over the line, then you do break them up for that," said Lande, who added that he was not surprised by the collapse of the talks.
- Information from the Associated Press, Boston Globe, Washington Post and Los Angeles Times was used in this ...

FOCUS - 281 of 389 DOCUMENTS

Copyright 2000 Times Publishing Company  
St. Petersburg Times (Florida)

April 02, 2000, Sunday, 2 Late Tampa Edition

SECTION: NATIONAL; Pg. 1A

LENGTH: 1017 words

HEADLINE: Microsoft mediator gives up; talks end

DATELINE: CHICAGO

BODY:
...Washington Post, citing sources close to the government case, reported that Microsoft refused to close loopholes in its proposals and that its final offer was wholly inadequate to correct the damage done to the marketplace by Microsoft's anti-competitive conduct.
It is thought that Jackson may call for the dismantling of Microsoft into several separate firms in a manner similar to the breakup of the Standard Oil trust in the early 20th century.
Bob Lande, a Microsoft critic and board member of the American Antitrust Institute, said a breakup of the company would be the only way to prevent further abuses of its power.
"If there's a repeated pattern of going way, way over the line, then you do break them up for that," said Lande, who added that he was not surprised by the collapse of the talks.
- Information from the Associated Press, Boston Globe and Washington Post was used in this report.

FOCUS - 282 of 389 DOCUMENTS

Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

March 28, 2000, Tuesday, Home Edition

SECTION: Business; Pg. 1D

LENGTH: 651 words

HEADLINE: All eyes on judge in Microsoft case

BYLINE: Andrew J. Glass, Cox Washington Bureau

SOURCE: CONSTITUTION

BODY:
...reportedly also willing to sell a version of Windows without a bundled Web browser.
This has been a prime objective of the government. Previously, Microsoft held the browser was locked into the code and could not be removed without damaging Windows.
Despite the concessions, continuing disagreement in the prosecutorial camp could make it more difficult for Jackson to frame a clear-cut proposal, said University of Baltimore Law School professor Bob Lande.
Transcripts of bench conferences during the trial indicate that Jackson will insist that the Justice Department and the 19 state attorneys general present a common brief on remedies.
Jackson is likely to give both sides a month or so to submit briefs and rebuttals. The key legal players will then appear in court for the final time to present their oral arguments on what should be done.
Judging by past ...

FOCUS - 283 of 389 DOCUMENTS

Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

March 28, 2000, Tuesday, Today's News Edition

SECTION: Business; Pg. 1D

LENGTH: 675 words

HEADLINE: All eyes on judge in Microsoft case

BYLINE: From staff and wire reports

SOURCE: JOURNAL

BODY:
...reportedly also willing to sell a version of Windows without a bundled Web browser.
This has been a prime objective of the government. Previously, Microsoft held the browser was locked into the code and could not be removed without damaging Windows.
Despite the concessions, continuing disagreement in the prosecutorial camp could make it more difficult for Jackson to frame a clear-cut proposal, said University of Baltimore Law School professor Bob Lande.
Transcripts of bench conferences during the trial indicate that Jackson will insist that the Justice Department and the 19 state attorneys general present a common brief on remedies.
Jackson is likely to give both sides a month or so to submit briefs and rebuttals. The key legal players will then appear in court for the final time to present their oral arguments on what should be done.
Judging by past ...

FOCUS - 284 of 389 DOCUMENTS

Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

March 28, 2000, Tuesday, Final Edition

SECTION: Business; Pg. 1D

LENGTH: 661 words

HEADLINE: Report: Microsoft verdict delayed

BYLINE: Staff reports and news services

SOURCE: JOURNAL

BODY:
...reportedly also willing to sell a version of Windows without a bundled Web browser.
This has been a prime objective of the government. Previously, Microsoft held the browser was locked into the code and could not be removed without damaging Windows.
Despite the concessions, continuing disagreement in the prosecutorial camp could make it more difficult for Jackson to frame a clear-cut proposal, said University of Baltimore Law School professor Bob Lande.
Transcripts of bench conferences during the trial indicate that Jackson will insist that the Justice Department and the 19 state attorneys general present a common brief on remedies.
Jackson is likely to give both sides a month or so to submit briefs and rebuttals. The key legal players will then appear in court for the final time to present their oral arguments on what should be done.
Judging by past ...

FOCUS - 285 of 389 DOCUMENTS

Copyright 2000 The Columbus Dispatch  
Columbus Dispatch (Ohio)

March 28, 2000, Tuesday

SECTION: NEWS, Pg. 1A

LENGTH: 732 words

HEADLINE: SETTLEMENT OFFER MIGHT BUY MICROSOFT A LITTLE EXTRA TIME

BYLINE: Andrew J. Glass, Cox News Service

BODY:
...types of Microsoft software, such as Microsoft Word, over competing products.
"The idea here would be to preclude Microsoft from punishing companies that are cooperating with their competitors,'' said William Kovacic, an antitrust expert at George Washington University who has followed the case.
Despite the concessions, continuing disagreement in the prosecution camp could make it more difficult for Jackson to frame a clear-cut proposal, University of Baltimore law professor Bob Lande said.
Transcripts of bench conferences during the trial indicate that Jackson would insist that the Justice Department and the 19 state attorneys general present a common brief on remedies.
"It would not be unreasonable to assume that were some hard-liners among the states who were willing to take their chances with Judge Jackson,'' Kovacic said.
Jackson is likely to give both sides a month or so to submit briefs and rebuttals. The key ...

FOCUS - 286 of 389 DOCUMENTS

Copyright 2000 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

March 27, 2000 Monday

LENGTH: 771 words

HEADLINE: Microsoft, government in antitrust end game

BYLINE: CBS.MarketWatch.com

BODY:
...a structural remedy doubt Microsoft can adequately guarantee it will abide by the terms of a settlement that aims to control its conduct, said William Kovacic, a law professor at George Washington University.
While both sides could engage in further efforts to jump-start the negotiations, most antitrust experts now view prospects for a settlement as a long shot.
Robert H. Lande, a law professor at the University of Baltimore and senior research fellow at the American Antitrust Institute, said the fact that details of the negotiations have leaked out had already indicated the talks had lost steam.
Posner, a hard-nosed jurist and noted antitrust scholar, has insisted on strict secrecy throughout the negotiations.
"The fact that the secrecy has broken down must mean that one party sees no hope of a ...

FOCUS - 287 of 389 DOCUMENTS

Copyright 2000 Cox Enterprises, Inc.  
Cox News Service

March 27, 2000

SECTION: Financial pages

LENGTH: 632 words

HEADLINE: FOCUS SHIFTS TO 'REMEDIES' AS MICROSOFT RULING NEARS

BYLINE: ANDREW J. GLASS

BODY:
...Microsoft is reportedly also willing to sell a version of Windows without a bundled Web browser. This has been a prime objective of the government. Previously, Microsoft held the browser was locked into the code and could not be removed without damaging Windows.
Despite the concessions, continuing disagreement in the prosecutorial camp could make to more difficult for Jackson to frame a clear-cut proposal, said University of Baltimore Law School professor Bob Lande.
Transcripts of bench conferences during the trial indicate that Jackson will insist that the Justice Department and the 19 state attorneys general present a common brief on remedies.
"It would not be unreasonable to assume that were some hard-liners among the states who were willing to take their chances with Judge Jackson," said William Kovacic, a George Washington University Law School professor who has followed the case closely. ...

FOCUS - 288 of 389 DOCUMENTS

Copyright 2000 National Journal Group, Inc.  
National Journal's Technology Daily

PM Edition

March 27, 2000

LENGTH: 367 words

HEADLINE: ANTITRUST: Lawyers Aren't Counting On Microsoft Settlement

BYLINE: Drew Clark

BODY:
Microsoft has offered a remedy that would allow competitors
to modify the source code of its Windows operating system,
according to news reports.
"There are many of us that were hoping that Posner could
pull a rabbit out of his hat," said Robert Lande, a law
professor of at the University of Baltimore working at the
American Antitrust Institute.
"The problem is to devise a remedy to make sure that
[monopolization] doesn't happen again," said Lande, who added
that it couldn't happen without a structural remedy.
Supporters and antagonists of Microsoft also were divided
on the import of the settlement offer namely, the ability for
software makers to embed Windows in other software ...

PERSON: 
ROBERT LANDE (63%); RICHARD POSNER (63%); 

FOCUS - 289 of 389 DOCUMENTS

Copyright 2000 Times Mirror Company  
Los Angeles Times

March 26, 2000, Sunday, Home Edition

SECTION: Part A; Page 1; National Desk

LENGTH: 902 words

HEADLINE: MICROSOFT SETTLEMENT OFFER IS INADEQUATE, SOURCES SAY; 
 COMPUTERS: FIRM REPORTEDLY WON'T ADMIT TO ANTITRUST VIOLATION. U.S. OFFICIALS MAY SEEK MORE TIME FOR TALKS.

BYLINE: JUBE SHIVER Jr. and JOSEPH MENN, TIMES STAFF WRITERS 

DATELINE: WASHINGTON

BODY:
...in violation of some portions of the Sherman Antitrust Act. Such a verdict would lead to a remedies proceeding this spring, after which Jackson could impose severe sanctions on Microsoft, including a breakup of the company before the start of summer.
"The government tried conduct remedies once before and Microsoft still managed to do a lot of bad things. This time the judge could be persuaded that something structural is needed to address" the problem, said Robert H. Lande, a professor of law at the University of Baltimore who has closely followed the Microsoft antitrust case.
He was referring to a 1994 antitrust agreement Microsoft reached with the Justice Department that restricted the way Microsoft could license Windows. But the two sides ended up in a court dispute over whether that agreement restricted Microsoft from packaging its Web browsers into Windows, which is one of government's current antitrust allegations.
That dispute also made ...

FOCUS - 290 of 389 DOCUMENTS

Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

March 25, 2000, Saturday, Home Edition

SECTION: News; Pg. 1A

LENGTH: 767 words

HEADLINE: Prodded by U.S. judge, Microsoft offers a deal

BYLINE: Andrew J. Glass, Cox News Service

SOURCE: AJC

DATELINE: Washington

BODY:
...faces the possibility that if a Republican president is elected, a new administration might take a different approach and refuse to press an appeal. Gov. George W. Bush of Texas, the presumed Republican presidential nominee, opposes a breakup of Microsoft.
Yet it may prove difficult for the government and Microsoft to find common ground, despite the mounting pressure to do so.
University of Baltimore law professor Bob Lande, who has followed the case closely, noted that Microsoft will not settle unless it is allowed to accept a ''nonstructural'' remedy that keeps it intact.
''I don't see how the Justice Department can accept a nonstructural remedy, '' Lande said. ''I don't see how Microsoft can accept a structural remedy. Posner's task is to try to split the baby in the middle.''

FOCUS - 291 of 389 DOCUMENTS

Copyright 2000 The Deseret News Publishing Co.  
Deseret News (Salt Lake City, Utah)

March 25, 2000, Saturday

SECTION: Pg. WEB

LENGTH: 678 words

HEADLINE: Microsoft case faces weekend crunch as ruling looms

BYLINE: Andrew J. Glass Cox News Service

BODY:
...Justice Department also faces the risk that if a Republican president is elected this November, it would take a radically different approach and refuse to press an appeal. Gov. George W. Bush of Texas, the presumed Republican presidential nominee, is on record as opposing a breakup of the company.
Yet it may prove difficult to find common ground, despite the mounting pressures to do so.
University of Baltimore law professor Bob Lande, who has followed the case closely, noted that Microsoft will not settle unless it is allowed to accept a "nonstructural" remedy that keeps it intact.
Justice Department antitrust chief Joel Klein told Congress on Wednesday that the remedy "ought to be commensurate" with Microsoft's practices, which Jackson has already ruled to be monopolistic and harmful to consumers.
"I don't see how the Justice Department can accept a nonstructural ...

FOCUS - 292 of 389 DOCUMENTS

Copyright 2000 Palm Beach Newspaper, Inc.  
Palm Beach Post (Florida)

March 25, 2000, Saturday, FINAL EDITION

SECTION: A SECTION, Pg. 1A

LENGTH: 642 words

HEADLINE: MICROSOFT TRYING TO SETTLE CASE BEFORE TUESDAY RULING

BYLINE: Andrew J. Glass, , Palm Beach Post Washington Bureau

DATELINE: WASHINGTON

BODY:
...Justice Department also faces the risk that if a Republican president is elected this November, it would take a radically different approach and refuse to press an appeal. Gov. George W. Bush of Texas, the presumed Republican presidential nominee, is on record as opposing a breakup of the company.
Yet it may prove difficult to find common ground, despite the mounting pressure to do so.
University of Baltimore law Professor Bob Lande, who has followed the case closely, noted that Microsoft will not settle unless it is allowed to accept a "nonstructural" remedy that keeps it intact.
Justice Department antitrust chief Joel Klein told Congress on Wednesday that the remedy "ought to be commensurate" with Microsoft's practices, which Jackson has already ruled to be monopolistic and harmful to consumers.
"I don't see how the Justice Department can accept a nonstructural ...

FOCUS - 293 of 389 DOCUMENTS

Copyright 2000 P.G. Publishing Co.  
Pittsburgh Post-Gazette (Pennsylvania)

March 25, 2000, Saturday, SOONER EDITION

SECTION: NATIONAL, Pg. A-1

LENGTH: 678 words

HEADLINE: MICROSOFT MAKES LAST-MINUTE OFFER IN ANTITRUST CASE

BYLINE: ANDREW J. GLASS, COX NEWS SERVICE

DATELINE: WASHINGTON

BODY:
...Department also faces the risk that if a Republican president is elected next fall, it would take a radically different approach and refuse to press an appeal. Texas Gov. George W. Bush, the presumed Republican presidential nominee, is on record as opposing a breakup of the company.
Yet it may prove difficult to find common ground, despite the mounting pressures to do so.
University of Baltimore law professor Bob Lande, who has followed the case closely, noted that Microsoft will not settle unless it is allowed to accept a "nonstructural" remedy that keeps it intact.
Justice Department antitrust chief Joel Klein told Congress on Wednesday that the remedy "ought to be commensurate" with Microsoft's practices, which Jackson has already ruled to be monopolistic and harmful to consumers.
"I don't see how the Justice Department can accept a nonstructural ...

FOCUS - 294 of 389 DOCUMENTS

Copyright 2000 Plain Dealer Publishing Co.  
Plain Dealer (Cleveland, Ohio)

March 25, 2000 Saturday, FINAL / ALL

SECTION: NATIONAL; Pg. 1A

LENGTH: 771 words

HEADLINE: MICROSOFT'S MOMENT OF TRUTH;
SPURRED BY JUDGE'S WARNING, SOFTWARE MAKER OFFERS SETTLEMENT BID

BYLINE: By ANDREW J. GLASS; COX NEWS SERVICE

DATELINE: WASHINGTON

BODY:
...Justice Department also faces the risk that if the country elects a Republican president this November, the government would take a radically different approach and refuse to press an appeal. Gov. George W. Bush of Texas, the presumed Republican presidential nominee, is on record as opposing a breakup of the company.
Yet it may prove difficult to find common ground, despite the mounting pressures.
University of Baltimore law professor Bob Lande, who has followed the case closely, said Microsoft will not settle unless it is allowed to accept a "nonstructural" remedy that keeps it intact.
Justice Department antitrust chief Joel Klein told Congress on Wednesday that the remedy "ought to be commensurate" with Microsoft's practices, which Jackson has ruled to be monopolistic and harmful to consumers.
"I don't see how the Justice Department can accept a nonstructural remedy," ...

FOCUS - 295 of 389 DOCUMENTS

Copyright 2000 Cox Enterprises, Inc.  
Cox News Service

March 24, 2000

SECTION: Washington - general news

LENGTH: 691 words

HEADLINE: MICROSOFT CASE FACES WEEKEND CRUNCH AS RULING LOOMS

BYLINE: ANDREW J. GLASS

DATELINE: WASHINGTON

BODY:
...Justice Department also faces the risk that if a Republican president is elected this November, it would take a radically different approach and refuse to press an appeal. Gov. George W. Bush of Texas, the presumed Republican presidential nominee, is on record as opposing a breakup of the company.
Yet it may prove difficult to find common ground, despite the mounting pressures to do so.
University of Baltimore law professor Bob Lande, who has followed the case closely, noted that Microsoft will not settle unless it is allowed to accept a "nonstructural" remedy that keeps it intact.
Justice Department antitrust chief Joel Klein told Congress on Wednesday that the remedy "ought to be commensurate" with Microsoft's practices, which Jackson has already ruled to be monopolistic and harmful to consumers.
"I don't see how the Justice Department can accept a nonstructural ...

FOCUS - 296 of 389 DOCUMENTS

Copyright 2000 The Seattle Times Company  
The Seattle Times

March 24, 2000, Friday FINAL EDITION

SECTION: BUSINESS; Pg. D1

LENGTH: 590 words

HEADLINE: Talk of settlement boosts Microsoft stock
Judge urges company, prosecutors to reach deal in antitrust case

BYLINE: John Hendren; Seattle Times Washington bureau

DATELINE: WASHINGTON

BODY:
...risk of the judge ordering a breakup. Justice Department officials could avoid lengthy legal appeals by Microsoft and punish the software maker before a new presidential administration could even consider altering the government's approach. Republican candidate George W. Bush, for example, opposes a breakup.
Yet there is little ground on which the two sides can compromise, said University of Baltimore law professor Bob Lande. Microsoft seeks a "nonstructural" remedy - meaning something short of a breakup of the company. Justice Department antitrust chief Joel Klein told Congress on Wednesday that the remedy "ought to be commensurate" with Microsoft's practices, which the judge has ruled to be monopolistic and harmful.
"I don't see how the Justice Department can accept a nonstructural remedy," Lande said. "I don't see how Microsoft can accept ...

FOCUS - 297 of 389 DOCUMENTS

Copyright 2000 CMP Media Inc.  
Computer Reseller News

March 20, 2000

LENGTH: 1025 words

HEADLINE: The Microsoft Saga -- Here Comes The Judge

BYLINE: Darryl K. Taft

BODY:
...newspaper.
He went on to Dartmouth University and then spent three years in the Navy before entering Harvard Law School. Upon graduation from Harvard, he joined his father's law firm, Jackson & Campbell. Jackson cut his legal teeth in the medical malpractice field, where he was known as a hard-nosed trial lawyer who was always well-prepared.
"The question isn't whether he'll rule in favor of the government," said Robert Lande, an antitrust law expert and professor at the University of Baltimore Law School. "The question is will he rule in a way that is likely to lead to a very strong remedy" against Microsoft?
A ruling is expected within weeks.
"Judge Jackson is writing a blistering opinion against Microsoft," said Hillard Sterling, an antitrust attorney at the Chicago law firm of Gordon & Glickson. "He likely will ...

FOCUS - 298 of 389 DOCUMENTS

Copyright 2000 Nationwide News Pty Limited  
The Australian

March 14, 2000, Tuesday

SECTION: FEATURES; Pg. 58

LENGTH: 419 words

HEADLINE: Ruling near in Microsoft trust trial

BYLINE: JOHN STERLICCHI  * Regulation

BODY:
...Explorer to thwart Netscape.
 In court Judge Jackson seemed to be leaning towards following the lead of a US appeal court panel, which in 1998 ruled for Microsoft, stating that the union of Windows 95 and Explorer was a genuine integration and not illegal tying, because it was done for efficiency and had positive consequences.
 The government is urging him to ignore that ruling. Even if he does, according to Baltimore University Law School professor Bob Lande, who has been following the case, there are plenty of other claims he expects will go to the government.
 While Judge Jackson works on his final ruling, out-of-court settlement talks are ongoing with Judge Richard Posner, who heads the US Court of Appeals in Chicago. While neither side is talking about whether there is any progress towards a settlement, there are reports that Microsoft's chairman and chief executive, respectively Bill Gates and ...

FOCUS - 299 of 389 DOCUMENTS

Copyright 2000 Warren Publishing, Inc.  
WARREN'S CABLE REGULATION MONITOR

March 13, 2000, Monday

SECTION: THIS WEEK'S NEWS

LENGTH: 1088 words

HEADLINE: CASE AND LEVIN DISCOUNT IDEA OF MANDATING OPEN ACCESS MoU

BODY:
...although they already had left hearing room.(Burns said next time he would schedule hearing differently so Case and Levin could respond.) Consumers Union Washington Office Co-Dir.Gene Kimmelman said merger should "be substantially restructured under antitrust laws" and subject to "real enforcement through the FCC." He said Case and Levin kept talking about "shaping people's lives," but they are "supposed to be responding to consumer needs."
Robert Lande of American Antitrust Institute suggested temporary congressional committee be formed to study media mergers, as he felt shift to media oligopoly left "too much control in too few hands." Real fear of "lack of editorial diversity" held communications companies to antitrust standard beyond that of price control, he said, arguing that mergers are leading toward "nightmare scenario" of oligopoly.Burns suggested govt.might want to keep "hands off [of ...

FOCUS - 300 of 389 DOCUMENTS

Copyright 2000 Warren Publishing, Inc.  
WARREN'S CABLE REGULATION MONITOR

March 13, 2000, Monday

SECTION: THIS WEEK'S NEWS

LENGTH: 1088 words

HEADLINE: CASE AND LEVIN DISCOUNT IDEA OF MANDATING OPEN ACCESS MoU

BODY:
...although they already had left hearing room.(Burns said next time he would schedule hearing differently so Case and Levin could respond.) Consumers Union Washington Office Co-Dir.Gene Kimmelman said merger should "be substantially restructured under antitrust laws" and subject to "real enforcement through the FCC." He said Case and Levin kept talking about "shaping people's lives," but they are "supposed to be responding to consumer needs."
Robert Lande of American Antitrust Institute suggested temporary congressional committee be formed to study media mergers, as he felt shift to media oligopoly left "too much control in too few hands." Real fear of "lack of editorial diversity" held communications companies to antitrust standard beyond that of price control, he said, arguing that mergers are leading toward "nightmare scenario" of oligopoly.Burns suggested govt.might want to keep "hands off [of ...

FOCUS - 301 of 389 DOCUMENTS

Copyright 2000 Warren Publishing, Inc.  
WARREN'S CABLE REGULATION MONITOR

March 13, 2000, Monday

SECTION: THIS WEEK'S NEWS

LENGTH: 1120 words

HEADLINE: CASE AND LEVIN DISCOUNT IDEA OF MANDATING OPEN ACCESS MoU

BODY:
...although they
already had left hearing room.  (Burns said next time he would
schedule hearing differently so Case and Levin could respond.) 
Consumers Union Washington Office Co-Dir. Gene Kimmelman said
merger should "be substantially restructured under antitrust laws"
and subject to "real enforcement through the FCC."  He said Case
and Levin kept talking about "shaping people's lives," but they
are "supposed to be responding to consumer needs."
 
     Robert Lande of American Antitrust Institute suggested
temporary congressional committee be formed to study media
mergers, as he felt shift to media oligopoly left "too much
control in too few hands."  Real fear of "lack of editorial
diversity" held communications companies to antitrust standard
beyond that of price control, he said, arguing that mergers are
leading toward "nightmare scenario" of oligopoly.  Burns suggested
govt. might want to keep "hands off [of ...

FOCUS - 302 of 389 DOCUMENTS 

Copyright 2000 Warren Publishing, Inc.  

Television Digest 

March 6, 2000, Monday 

SECTION: THIS WEEK'S NEWS 

LENGTH: 790 words 

HEADLINE: CASE AND LEVIN PITCH ACCESS PLAN ON HILL 

BODY: 
...material wouldn't be disseminating until subscriber gave okay.  
Hatch said he would hold "at least one additional hearing" on merger to hear from "consumer groups, technology and antitrust experts" and others.Burns had 2nd panel of scholars and consumer advocates.Consumers Union Washington Office Co-Dir.Gene Kimmelman said merger should "be substantially restructured under antitrust laws" and subject to "real enforcement through the FCC." Robert Lande of American Antitrust Institute suggested temporary congressional committee be formed to study media mergers, as he felt shift to media oligopoly left "too much control in too few hands." Burns suggested govt.might want to keep "hands off [of AOL-TW]until they show they're not a very good neighbor." Jerry Berman, exec.dir.of Center for Democracy & Technology, replied that by then "horses might be ...

FOCUS - 303 of 389 DOCUMENTS

Copyright 2000 Warren Publishing, Inc.  
Communications Daily

March 3, 2000, Friday

SECTION: TODAY'S NEWS

LENGTH: 1080 words

HEADLINE: CASE AND LEVIN DISCOUNT IDEA OF MANDATING OPEN ACCESS MoU

BODY:
...although they already had left hearing room.(Burns said next time he would schedule hearing differently so Case and Levin could respond.) Consumers Union Washington Office Co-Dir.Gene Kimmelman said merger should "be substantially restructured under antitrust laws" and subject to "real enforcement through the FCC." He said Case and Levin kept talking about "shaping people's lives," but they are "supposed to be responding to consumer needs." Robert Lande of American Antitrust Institute suggested temporary congressional committee be formed to study media mergers, as he felt shift to media oligopoly left "too much control in too few hands." Real fear of "lack of editorial diversity" held communications companies to antitrust standard beyond that of price control, he said, arguing that mergers are leading toward "nightmare scenario" of oligopoly.Burns suggested govt.might want to keep "hands off [of ...

FOCUS - 304 of 389 DOCUMENTS

Copyright 2000 Warren Publishing, Inc.  
Communications Daily

March 3, 2000, Friday

SECTION: TODAY'S NEWS

LENGTH: 1081 words

HEADLINE: CASE AND LEVIN DISCOUNT IDEA OF MANDATING OPEN ACCESS MoU

BODY:
...although they already had left hearing room.(Burns said next time he would schedule hearing differently so Case and Levin could respond.) Consumers Union Washington Office Co-Dir.Gene Kimmelman said merger should "be substantially restructured under antitrust laws" and subject to "real enforcement through the FCC." He said Case and Levin kept talking about "shaping people's lives," but they are "supposed to be responding to consumer needs." Robert Lande of American Antitrust Institute suggested temporary congressional committee be formed to study media mergers, as he felt shift to media oligopoly left "too much control in too few hands." Real fear of "lack of editorial diversity" held communications companies to antitrust standard beyond that of price control, he said, arguing that mergers are leading toward "nightmare scenario" of oligopoly.Burns suggested govt.might want to keep "hands off [of ...

FOCUS - 305 of 389 DOCUMENTS

Copyright 2000 The Patriot Ledger  
The Patriot Ledger (Quincy, MA)

March 3, 2000 Friday ROP Edition

SECTION: BUSINESS; Pg. 08

LENGTH: 368 words

HEADLINE: AOL vows to keep cable lines open

BODY:
...for both media content and the delivery of that content.
AOL, with more than 20 million subscribers, is the nation's largest Internet provider. Time Warner is the biggest media conglomerate, with Time magazine, Warner Bros. studios, HBO and CNN.
"We're going down the Microsoft route that has got them in court," said Sen. Ernest Hollings, D-S.C.
"Our country could be left with only a handful of major media companies," said Robert Lande, senior research scholar at the American Antitrust Institute.

FOCUS - 306 of 389 DOCUMENTS

Copyright 2000 Bulletin Broadfaxing Network, Inc.  
The Bulletin's Frontrunner

March 2, 2000

LENGTH: 1636 words

HEADLINE: Today's Events In Washington.

BODY:
...Dennis Powell, vice president, Cisco Systems; and others. 628, Dirksen. COMMERCE, SCIENCE AND TRANSPORTATION _ 10:30 a.m. Subcommittee on communications. Hearing to examine the proposed merger of America Online and Time Warner. Witnesses include Steve Case, chairman, AOL; Gerald Levin, chairman, Time Warner; Jerry Berman, executive director, Center for Democracy and Technology; Gene Kimmelman, co-director, Consumers Union; and Robert Lande, senior research scholar, American Antitrust Institute. 253, Russell. ENERGY AND NATURAL _ 9:30 a.m. Hearing to examine the FY'2001 budget request for the Department of Energy. Secretary of Energy Bill Richardson is scheduled to testify. 366, Dirksen. ENERGY AND NATURAL RESOURCES _ 2:30 p.m. Subcommittee on Forests and Public Land Management. Oversight hearing on the Forest Service's proposed regulations for national forest ...

FOCUS - 307 of 389 DOCUMENTS 

Copyright 2000 Federal Information and New Dispatch, Inc.  

Congressional Schedules 

March 2, 2000 

COMMITTEE: Senate Commerce, Science and Transportation Committee 

SUB-COMMITTEE: Communications Subcommittee 

EVENT: Communications Subcommittee hearing to examine certain issues relating to the America Online (AOL)/Time Warner merger.  

TIME: 10:30 a.m. 

LOCATION: 253 Russell Senate Office Building 

PARTICIPANTS: Steven Case, chairman/CEO, America Online; Gerald Levin, chairman/CEO, Time Warner, Inc.; Jerry Berman, executive director, Center for Democracy and Technology; Gene Kimmelman, co-director, Consumers Union; Robert Lande, senior research scholar, American Antitrust Institute.  

LOAD-DATE: October 26, 2000 

FOCUS - 308 of 389 DOCUMENTS

Copyright 2000 Federal News Service, Inc.  
Federal News Service

March 2, 2000, Thursday

SECTION: PREPARED TESTIMONY

LENGTH: 3050 words

HEADLINE: PREPARED STATEMENT OF PROFESSOR ROBERT H. LANDE ON BEHALF OF THE AMERICAN ANTITRUST INSTITUTE
 
SUBJECT - THE AMERICA ONLINE/TIME WARNER MERGER
 
BEFORE THE SENATE COMMITTEE ON COMMERCE, SCIENCE AND TRANSPORTATION

BODY:
I am Robert H. Lande, the Venable Professor of Law at the University of Baltimore School of Law, currently on leave as the Senior Research Scholar at the American Antitrust Institute.1 Thank you very much for allowing me to present the views of the American Antitrust Institute on the America Online (AOL)/Time Warner merger.
Media mergers have long been front-page news, particularly since AOL and Time Warner announced their intention to combine. Even ... 
...F.2d 263 (2nd Cir. 1979) (crucial issue is whether "the free choice of consumers is preserved ... "); Butler Aviation Co. v. Civil Aeronautics Board, 389 F.2d 517, 520 (2nd Cir. 1968) (analyzing effect of corporate acquisition on consumer choice).
5 See supra note 4.
6 Id. For a more thorough discussion see Neil W. Averitt & Robert H. Lande, "Consumer Choice: The Practical Reason For Both Antitrust and Consumer Protection Law," 10 Loyola Consumer L. Rev. 44 (1998); Neil W. Averitt and Robert H. Lande, "Consumer Sovereignty: A Unified Theory of Antitrust And Consumer Protection Law," 65 Antitrust L.J. 713 (1997).
7 This is, of course, a greatly oversimplified analysis.
The antimerger statute is worded in terms of preventing mergers the effect of which "may be substantially to lessen competition, or to tend to create a monopoly." 15 U.S.C. Sec. 18 (1999). To perform the analysis correctly many factors would have to be examined, including the relevant market ...

FOCUS - 309 of 389 DOCUMENTS

Copyright 2000 Federal News Service, Inc.  
Federal News Service

March 2, 2000, Thursday

SECTION: CAPITOL HILL HEARING

LENGTH: 23420 words

HEADLINE: HEARING OF THE COMMUNICATIONS SUBCOMMITTEE OF THE SENATE COMMERCE COMMITTEE
 
SUBJECT: AMERICA ONLINE AND TIME WARNER MERGER
 
CHAIRED BY: SENATOR CONRAD BURNS (R-MT)
 
LOCATION: 253 RUSSELL SENATE OFFICE BUILDING, WASHINGTON, D.C.
 
TIME: 10:30 AM. EST DATE: THURSDAY, MARCH 2, 2000

WITNESSES: STEVE CASE, CHAIRMAN, AMERICA ONLINE;
 
GERALD LEVIN, CHAIRMAN AND CEO, TIME WARNER INC.;

BODY:
...Commerce committee, we got through them in 25 minutes. That is a new record.
Thank you for coming today, and we appreciate your attendance here.
Now we will move to the next panel.
MR. CASE: Thank you.
MR. LEVIN: Thank you.
SEN. BURNS: Thank you.
We move now to Mr. Jerry Berman, who is Executive Director, Center for Democracy and Technology; Mr. Gene Kimmelman, Co-Director of the Consumers Union; and Robert Lande, Senior Research Scholar, American Antitrust Institute, for the testimony and questions today.
Usually, when it gets down to this time of day, your competition is usually a bowl of soup. And it looks like the soup won again.
[Laughter.]
SEN. BURNS: Thank you, gentlemen, for agreeing to come today. We are interested in your comments. And understanding the testimony you have heard preceding your panel, your comments are very, very important to this ...
...got details of interlocking relationships in the cable industry and the Internet community that are very dangerous to consumers. So we believe this merger should be substantially restructured under our antitrust laws, under the oversight of the Federal Communications Commission. And if the companies will not allow it to be restructured, if they will not allow their open access deal to be subject to real enforcement in the marketplace, their merger should be rejected.
 Thank you.
SEN. BURNS: Thank you, Mr. Kimmelman.
Now we have Robert Lande, who is Senior Research Scholar, American Antitrust Institute. Thank you for coming.
MR. ROBERT H. LANDE: Thank you very much.
If this merger goes through, we can expect to see a lot more major media mergers. There is even the possibility of the scenario that Senator Gorton referred to earlier, of our country could be left with only a handful of major media companies, and then a fringe of much, much smaller players.
I ask the committee, is this the situation that we would like the country to be into a decade from now? And if not, can the antitrust laws do anything about ...

FOCUS - 310 of 389 DOCUMENTS 

Copyright 2000 Federal News Service, Inc.  

FNS DAYBOOK 

March 2, 2000 

EDITION:  FINAL 

SECTION: UNITED STATES SENATE 

LENGTH: 105 words 

EVENT: SENATE COMMERCE, SCIENCE AND TRANSPORTATION COMMITTEE 
TIME: 10:30 am 

LEAD: 
SUBJECT: Communications Subcommittee hearing to examine certain issues relating to the America Online (AOL)/Time Warner merger. 
 Steven Case, chairman/CEO, America Online; Gerald Levin, chairman/CEO, Time Warner, Inc.; Jerry Berman, executive director, Center for Democracy and Technology; Gene Kimmelman, co-director, Consumers Union; Robert Lande, senior research scholar, American Antitrust Institute. 

FOCUS - 311 of 389 DOCUMENTS

Copyright 2000 Information Access Company,
a Thomson Corporation Company;
 IAC (SM) Newsletter Database (TM)
Copyright 2000 Newsbytes News Network  
Newsbytes PM

March 2, 2000

SECTION: Pg. NA

IAC-ACC-NO: 59733661

LENGTH: 848 words

HEADLINE: ****AOL, Time Warner: "We'll Keep ISP Access Promise" 03/02/00; Company Business and Marketing

BYLINE: Krebs, Brian

BODY:
...AT&T would own about 25 percent of Time Warner Entertainment and most of Time Warner's cable systems.
 The result, he said, would be a "tight-knit cartel that could dominate and control distribution of the broadband and television services that the vast majority of consumers want to see and use."
 On that basis, Kimmelman said the Federal Communications Commission and the Federal Trade Commission should reject or seek substantial modification of the AOL-Time Warner merger.
 Robert H. Lande, a professor at the American Antitrust Institute, said he thought government intervention in the open access debate was premature.
 "That would simply put everyone in a bunker," Lande said, "It would not foster the kind of dialogue we need to establish the standards for this important area."
 Lande urged Congress instead to create a temporary committee to study media mergers and media convergence -with members from both houses of ...

PERSON: 
GERALD M LEVIN (72%); RICHARD H BRYAN (67%); ROBERT H LANDE (57%); GENE KIMMELMAN (55%); 

FOCUS - 312 of 389 DOCUMENTS

Copyright 2000 Post-Newsweek Business Information, Inc.  
Newsbytes

March 2, 2000, Thursday

LENGTH: 857 words

HEADLINE: AOL, Time Warner: "We'll Keep ISP Access Promise"

BYLINE: Brian Krebs;Newsbytes

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...AT&T  would own about 25 percent of Time Warner Entertainment and most of  Time Warner's cable systems.
The result, he said, would be a "tight-knit cartel that could dominate and control  distribution of the broadband and television services that the vast majority of  consumers want to see and use."
On that basis, Kimmelman said the Federal Communications Commission and the Federal Trade Commission should reject or seek substantial  modification of the AOL-Time Warner merger.
Robert H. Lande, a professor at the American Antitrust Institute, said he thought  government intervention in the open access debate was premature.
"That would simply put everyone in a bunker," Lande said, "It would not foster  the kind of dialogue we need to establish the standards for this important area."
Lande urged Congress instead to create a temporary committee to study media  mergers and media convergence -with members from both houses of ...

PERSON: 
GERALD M LEVIN (75%); RICHARD H BRYAN (67%); GENE KIMMELMAN (58%); ROBERT H LANDE (57%); 

FOCUS - 313 of 389 DOCUMENTS 

Copyright 2000 eMediaMillWorks, Inc.

(f/k/a Federal Document Clearing House, Inc.) 

Federal Document Clearing House Congressional Testimony 

March 02, 2000 

SECTION: CAPITOL HILL HEARING TESTIMONY 

LENGTH: 506 words 

HEADLINE:  TESTIMONY March 02, 2000 WITNESS LIST SENATE COMMERCE, SCIENCE AND TRANSPORTATION COMMUNICATIONS AOL/TIME WARNER MERGER 

BODY: 
...Gerald Levin, Chairman and CEO, Time Warner, Inc., 75 Rockefeller Plaza, New York, New York, 10019 Panel II Mr.  Jerry Berman, Executive Director, Center for Democracy and Technology, 1634 Eye Street NW, Suite 1100, Washington, DC 10006 Mr.  Gene Kimmelman, Co-Director, Consumers Union, 1666 Connecticut Avenue, NW, Washington, DC 20009 Mr.  Robert Lande, Senior Research Scholar, American Antitrust Institute, 1211 Ballard Street, Silver Spring, Maryland 20910 

FOCUS - 314 of 389 DOCUMENTS 

Copyright 2000 eMediaMillWorks, Inc.

(f/k/a Federal Document Clearing House, Inc.) 

Federal Document Clearing House Congressional Testimony 

March 02, 2000 

SECTION: CAPITOL HILL HEARING TESTIMONY 

LENGTH: 3400 words 

HEADLINE:  TESTIMONY March 02, 2000 ROBERT H. LANDE PROFESSOR THE AMERICAN ANTITRUST INSTITUTE SENATE COMMERCE, SCIENCE AND TRANSPORTATION COMMUNICATIONS AOL/TIME WARNER MERGER 

BODY: 
 STATEMENT OF PROFESSOR ROBERT H. LANDE On behalf of THE AMERICAN ANTITRUST INSTITUTE at the Hearing on THE AMERICA ONLINE/TIME WARNER MERGER before the COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE MARCH 2, 2000 I am Robert H. Lande, the Venable Professor of Law at the University of Baltimore School of Law, currently on leave as the Senior Research Scholar at the American Antitrust Institute.' Thank you very much for allowing me to present the views of the American Antitrust Institute on the America Online (AOL)/Time Warner merger.  Media mergers have long been front-page news, particularly since AOL and Time Warner announced their intention to combine. Even more ...

PERSON: ... ROBERT H LANDE (58%);  

FOCUS - 315 of 389 DOCUMENTS

Copyright 2000 States News Service  
States News Service

March 2, 2000, Thursday

LENGTH: 604 words

HEADLINE: CONSUMER GROUPS CONCERNED OVER AOL-TIME WARNER MERGER

BYLINE: By Denise Jewell, States News Service

DATELINE:  WASHINGTON

BODY:
...said the merger should be restructured to guarantee consumer choice because of the threat it poses to the evolving media industry.
 "Usually, in our marketplace, we don't go for dictatorship," Kimmelman said. "Even if it's benevolent, we have concerns."
 Other groups testified that the merger would give one or two companies a monopoly on developing broadband Internet systems.
 "Why should we fear being left with only a handful of major media conglomerates?" asked Robert Lande of the American Antitrust Institute. "Frankly, it would represent too much control in the hands of too few people."
 Because most broadband development plans utilize cable wires, Time Warner, as one of the largest cable concerns in the nation, could have a monopoly on developing broadband systems, others said.
 "For the foreseeable future, the major deliverer of broadband is going to be the cable facility, that is why it is absolutely critical that openness principles be brought to ...

PERSON: 
GENE KIMMELMAN (77%); ROBERT LANDE (62%); GERALD LEVIN (55%); JOHN MAJOR (52%); 

FOCUS - 316 of 389 DOCUMENTS 

Copyright 2000 eMediaMillWorks, Inc.

(f/k/a Federal Document Clearing House, Inc.) 

Congressional Press Releases 

FEBRUARY 29, 2000, TUESDAY 

SECTION: PRESS RELEASE 

LENGTH: 345 words 

HEADLINE: MERGER SET FOR MARCH 2 

BYLINE: JOHN MCCAIN , SENATOR , SENATE , NEXT GENERATION INTERNET HEARING , SET FOR MARCH 1, AOL/TIME WARNER 

BODY: 
Following is the tentative witness list (not necessarily in order of appearance): Panel I Mr. Steve Case, Chairman, America Online Mr. Gerald Levin, Chairman and CEO, Time Warner, Inc. Panel II Mr. Jerry Berman, Executive Director, Center for Democracy And Technology Mr. Gene Kimmelman, Co-Director, Consumers Union Mr. Robert Lande, Senior Research Scholar, American Antitrust Institute 

FOCUS - 317 of 389 DOCUMENTS

Copyright 2000 CMP Media Inc.  
Computer Reseller News

February 28, 2000

LENGTH: 610 words

HEADLINE: Defense rests: Microsoft, DOJ await final ruling

BYLINE: Darryl K. Taft

BODY:
...antitrust laws.
"I don't really understand your copyright defense; nobody disputes you have a copyright," said Jackson, adding that John D. Rockefeller had "fee-simple control over his oil."
Such control was not akin to copyright protection, which Warden argued is protected by an act of Congress. Copyright claims do not trump antitrust laws, but Microsoft holds the right to protect its Windows intellectual property, he said.
However, Robert Lande, a law professor at the University of Baltimore Law School, called the copyright defense "a throw-away" issue.
Connecticut Attorney General Richard Blumenthal said Microsoft's reference to copyright protection is a "red herring." And both Boies and the judge noted that Microsoft had done little to argue the defense during the trial.
From the wording of Judge Jackson's findings of fact, it is likely he will find Microsoft in ...

FOCUS - 318 of 389 DOCUMENTS

Copyright 2000 Chicago Tribune Company  
Chicago Tribune

February 23, 2000 Wednesday, CHICAGO SPORTS FINAL EDITION

SECTION: NEWS; Pg. 1; ZONE: N

LENGTH: 1117 words

HEADLINE: JUDGE LIKENS MICROSOFT, STANDARD OIL MONOPOLY;
FIRM TAKES CREDIT FOR ROARING ECONOMY

BYLINE: By Frank James, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...how to interpret the appellate court's ruling.
The matter was complicated by the fact that Lawrence Lessig, a Harvard University professor asked by the judge to write a friend of the court brief, essentially noted that Microsoft would likely win on appeal if the judge decided the company had violated antitrust laws by integrating its browser into its operating system.
"The judge was inclined before today to find in favor of the government," said Bob Lande, a University of Baltimore Law School professor and antitrust expert.
In a preliminary opinion issued in November, Jackson ruled Microsoft was a monopoly, indicating he had accepted much of the argument the government put forward in the trial that began in October 1998. But the appeals court's earlier ruling has loomed over him.
"The most important thing the government did was to give him a way around the appeals court ...

FOCUS - 319 of 389 DOCUMENTS

Copyright 2000 Times Mirror Company  
Los Angeles Times

February 23, 2000, Wednesday, Home Edition

SECTION: Business; Part C; Page 1; Financial Desk

LENGTH: 747 words

HEADLINE: JUDGE SCRUTINIZES BOTH MICROSOFT, GOVERNMENT IN FINAL COURT MEETING

BYLINE: JUBE SHIVER Jr., TIMES STAFF WRITER 

DATELINE: WASHINGTON

BODY:
...breakup of the software giant. But any weakening of its case could hamper that effort. And Jackson seemed to have reservations about finding that Microsoft improperly bundled its Internet Explorer browser with Windows.
"I think he has some grave concerns about that. . . . That's clearly the weakest part of the government's case," said William E. Kovacic, an antitrust expert who has followed the trial and is a professor of law at George Washington University.
But Robert H. Lande, a professor of law at the University of Baltimore, who attended the final arguments said Jackson appeared to be simply seeking a way to fortify any final decision against challenge on appeal in a case that could have far-reaching effects on the nation's economy.
The conclusion of final arguments Tuesday may set off a race between negotiators seeking an out-of-court settlement to the ...

FOCUS - 320 of 389 DOCUMENTS

Copyright 2000 Seattle Post-Intelligencer  
SEATTLE POST-INTELLIGENCER

February 23, 2000, Wednesday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1223 words

HEADLINE: MICROSOFT'S FATE NOW IN JUDGE'S HANDS;
ATTORNEY SAYS THE COMPANY'S ACTIONS LED TO LOWER PRICES, BETTER QUALITY

BYLINE: DAN RICHMAN P-I REPORTER

DATELINE: WASHINGTON

BODY:
...together.
In short, Boies was trying to recast the tying charge as a contract restriction - that is, PC makers who wanted Windows had to take its Internet Explorer browsing software whether they wanted it or not.
Still, Jackson appeared to be skeptical. What about the benefit, he asked Boies, of the increased distribution of browser technology resulting from Microsoft's decision to fold its browser into Windows? "I can't offset that - one plausible benefit," Jackson said.
Robert Lande, a law professor at the University of Baltimore, said he noted Jackson taking careful notes whenever the tying issue was addressed.
"This is a very complex issue and very, very important to the case. I don't think the judge understood it at first," Lande said.
As another tactic to convince Jackson that it is blameless, Microsoft asserted that its copyright in Windows shields it from antitrust liability for forbidding computer makers from ...

FOCUS - 321 of 389 DOCUMENTS

Copyright 2000 Community Television Foundation 
of South Florida, Inc.  
The Nightly Business Report

SHOW: NIGHTLY BUSINESS REPORT (NPR 6:30:00 pm ET)

February 22, 2000

Transcript # 00022201-118  

SECTION: Business

LENGTH: 4215 words

HEADLINE: Texas Instruments - Chairman & CEO Interview on Nightly Business Report

GUESTS: Tom Engibous, Charles Schultze

BYLINE: Paul Kangas, Susie Gharib

BODY:
...few weeks, but as Stephanie Woods reports, today's courtroom action did little to help Microsoft.
 
 STEPHANIE WOODS, NIGHTLY BUSINESS REPORT CORRESPONDENT: Attorneys for Microsoft and the government came to argue points of law today before Judge Thomas Penfield Jackson issues a final verdict. It wasn't so much Jackson the two sides were making the case for, but rather the appeals court.
 
 ROBERT LANDE, PROFESSOR, UNIVERSITY OF BALTIMORE: It's a forgone conclusion as to which way this judge will go, but it's not a forgone conclusion which way the Appellate court will go or which way the Supreme Court will go.
 
 WOODS: Government attorneys played off the judge's own findings of fact from last November that Microsoft used its monopoly power over the Windows operating system to harm competition.
 
 JOEL KLEIN, ...

FOCUS - 322 of 389 DOCUMENTS

Copyright 2000 The New York Times Company  
The New York Times

February 21, 2000, Monday, Late Edition - Final

SECTION: Section A; Page 1; Column 1; The Arts/Cultural Desk 

LENGTH: 1899 words

HEADLINE: Sotheby's and Christie's Face Mounting Suits in Antitrust Case

BYLINE: By LESLIE EATON and CAROL VOGEL 

BODY:
...percent.)
Christie's soon announced the same increase.
That behavior raised eyebrows, but two competitors charging the same price is not enough to prove collusion, antitrust lawyers say. After all, grocery stores and gas stations match each other's prices all the time and banks all charge the same prime rate.
"There has to be a meeting of the minds, a conscious commitment to a common scheme," said Robert H. Lande, a senior research scholar at the American Antitrust Institute. In 1995, another tough year in the auction business, the pattern of price increases was repeated, this time on the commissions that Sotheby's and Christie's charge sellers. Within six weeks of each other, the two announced a sliding scale that would apply to all sellers; previously, the two had officially charged fixed commissions, but often cut them to woo ...

FOCUS - 323 of 389 DOCUMENTS

Copyright 2000 Gannett Company, Inc.  
USA TODAY

February 21, 2000, Monday, FINAL EDITION

SECTION: MONEY; Pg. 2B

LENGTH: 437 words

HEADLINE: Microsoft mediation talks sputter as deadline looms

BYLINE: Paul Davidson

BODY:
...a chance
for a deal by Tuesday. "You settle it just before a deadline."
But people familiar with the case are not optimistic. While Microsoft
CEO Bill Gates has said he's working hard to settle, some analysts
think the company's strategy is to keep fighting, especially since
any penalty would likely be stayed during appeal. "The longer
they stall, the more things can happen," says Bob Lande, professor
at University of Baltimore Law School.
First, he says, Microsoft still believes an adverse ruling from
Jackson could be overturned by a more conservative appeals court.
Also, a Republican presidential victory this fall would mean a
new attorney general who might settle for minimal sanctions, Lande
says. In that event, "I have no doubt a large number of the states
would step ...

PERSON: 
THOMAS PENFIELD JACKSON (92%); BOB LANDE (91%); WILLIAM HENRY 'BILL' GATES III (51%); 

FOCUS - 324 of 389 DOCUMENTS

Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

February 18, 2000, Friday, Home Edition

SECTION: Business; Pg. 4F

LENGTH: 488 words

HEADLINE: Bill Gates expresses Microsoft eagerness to reach settlement

BYLINE: Andrew J. Glass, Cox Washington Bureau

SOURCE: CONSTITUTION

DATELINE: Washington

BODY:
...sign that progress is being made.
Some observers think a settlement might be imminent, or at least that enough progress can be made for Jackson to postpone Tuesday's oral arguments on the conclusions of law, which would lead directly to a final ruling.
''If there really is a delay due to the mediation by Judge Posner, it must mean that they are very close to a settlement,'' said University of Baltimore School of Law professor Bob Lande, who has followed the case closely.
''If they are just talking, putting forth the same old far-apart positions, they would just go ahead with the oral arguments on the 22nd.''

FOCUS - 325 of 389 DOCUMENTS

Copyright 2000 Chattanooga Publishing Company  
Chattanooga Times Free Press (Tennessee)

February 18, 2000, Friday

SECTION: NEWS; Pg. A6

LENGTH: 1052 words

HEADLINE: Microsoft Negotiations At Critical Juncture

BYLINE: ANDREW J. GLASS Cox News Service

BODY:
...sure sign that progress was being made.
Some observers think a settlement might be imminent, or at least that enough progress can be made for Jackson to postpone Tuesday's oral arguments on the conclusions of law, which would lead directly to a final ruling.
"If there really is a delay due to the mediation by Judge Posner, it must mean that they are very close to a settlement," University of Baltimore School of Law professor Bob Lande, who has followed the case closely, said. "If they are just talking, putting forth the same old far-apart positions, they would just go ahead with the oral arguments on the 22nd."
By all appearances, the government holds the high cards and need not accept a weak settlement.
Besides Jackson's earlier findings, Gates and Ballmer face the prospect that the flow of innovation, Microsoft professed stock in trade, could be disrupted ...

FOCUS - 326 of 389 DOCUMENTS

Copyright 2000 Cox Enterprises, Inc.  
Cox News Service

February 17, 2000

SECTION: Financial pages

LENGTH: 1060 words

HEADLINE: AS DEADLINE LOOMS, U.S. AND MICROSOFT SEEK DEAL

BYLINE: ANDREW J. GLASS

DATELINE: WASHINGTON

BODY:
...sure sign that progress was being made.
Some observers think a settlement might be imminent, or at least that enough progress can be made for Jackson to postpone Tuesday's oral arguments on the conclusions of law, which would lead directly to a final ruling.
"If there really is a delay due to the mediation by Judge Posner, it must mean that they are very close to a settlement," University of Baltimore School of Law professor Bob Lande, who has followed the case closely, said. " If they are just talking, putting forth the same old far-apart positions, they would just go ahead with the oral arguments on the 22nd."
By all appearances, the government holds the high cards and need not accept a weak settlement.
Besides Jackson's earlier findings, Gates and Ballmer face the prospect that the flow of innovation, Microsoft professed stock in trade, could be disrupted ...

FOCUS - 327 of 389 DOCUMENTS

Copyright 2000 Post-Newsweek Business Information, Inc.  
Newsbytes

February 14, 2000, Monday

LENGTH: 588 words

HEADLINE: FTC to review AOL-Time Warner merger

BYLINE: Will Rodger; USA TODAY

DATELINE: USA TODAY

BODY:
...respective niches, the FTC is bound to take a close look at the deal, Foer says.
Yet despite their size, there is little overlap between AOL, the Internet service provider, and Time Warner, a diversified media company whose Internet presence is relatively small.
As a result, many observers are predicting smooth sailing for the merger.
"People have identified only minor overlaps, and those they can spin off," says Robert Lande, professor of law at the University of Baltimore. "It's going to be awfully hard for the FTC not to justify the merger. They will find a few itty bitty overlaps here and there but the rest of the merger will go through."
The Justice Department has had the right to review mergers for more than 100 years, ever since Congress passed its first laws forbidding monopolization and restraint of trade in the 1880s. Those laws, including the Sherman  ...

FOCUS - 328 of 389 DOCUMENTS

Copyright 2000 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
The Dallas Morning News

February 5, 2000, Saturday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO: K2634

LENGTH: 1173 words

HEADLINE: Regulators increase scrutiny of mergers

BYLINE: By Jim Landers

BODY:
...Slope.
Two months ago, the trade commission reached an agreement allowing the merger of Irving-based Exxon Corp. and Mobil Corp. The companies were required to divest thousands of gas stations in the Northeast, California and a few more in Texas.
"Maybe BP Amoco thought because Exxon Mobil was even bigger than their takeover of Arco, they'd have to do some spinoffs and they'd be allowed to get through," said Dr. Robert Lande, a law professor at the University of Baltimore and a senior research fellow with the American Antitrust Institute. But oil companies should be concerned, Lande said, that the number of mergers already approved means that new ones will have a tougher time.
"At some point, the government's going to say, Yes, we let the earlier ones go through, but now the market's more concentrated, so of course we're ...

PERSON: 
ROBERT LANDE (57%); 

FOCUS - 329 of 389 DOCUMENTS

Copyright 2000 The Dallas Morning News  
The Dallas Morning News

February 4, 2000 THIRD EDITION

SECTION: BUSINESS; Pg. 1D

LENGTH: 1158 words

HEADLINE: Regulators increase scrutiny of mergers

SOURCE: Washington Bureau of The Dallas Morning News

BYLINE: Jim Landers

DATELINE: WASHINGTON

BODY:
...Slope.
 Two months ago, the trade commission reached an agreement allowing the merger of Irving-based Exxon Corp. and Mobil corp. The companies were required to divest thousands of gas stations in the Northeast, California and a few more in Texas.
 "Maybe BP Amoco thought because Exxon Mobil was even bigger than their takeover of Arco, they'd have to do some spinoffs and they'd be allowed to get through," said Dr. Robert Lande, a law professor at the University of Baltimore and a senior research fellow with the American Antitrust Institute. But oil companies should be concerned. Dr. Lande said, that the number of mergers already approved means that new ones will have a tougher time.
 "At some point, the government's going to say, "Yes, we let the earlier ones go through, but now the market's more concentrated, so of course ...

PERSON: 
ROBERT LANDE (58%); 

FOCUS - 330 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

February 2, 2000 Wednesday

SECTION: M AND A

LENGTH: 661 words

HEADLINE: FTC Rejects Arco-BP Amoco Merger

BYLINE: by Jaret Seiberg

BODY:
...warning about oil industry concentration in its November order approving the Exxon-Mobil merger. The Justice Department has made similar soundings on antitrust issues.
"We have seen a lot of discussion from both agencies that they might tighten their standards," said Mary L. Azcuenaga, a former FTC commissioner who is now a partner in the Washington office of the Heller Ehrman White & McAuliffe law firm.
Bob Lande, a professor at the University of Baltimore's law school and a board member of the American Antitrust Institute, said the case should be a slam dunk for the government. "On the merits, I have no doubt the FTC will win this one," he said.
The agency's strongest evidence is that the price for gasoline in California rises whenever BP Amoco decides to divert some North Slope crude to overseas markets, he ...

FOCUS - 331 of 389 DOCUMENTS

Copyright 2000 N.Y.P. Holdings, Inc. All rights reserved.  
The New York Post

January 19, 2000, Wednesday

SECTION: All Editions; Pg. 034

LENGTH: 377 words

HEADLINE: GATES SLAMS JUDGE IN M'SOFT CASE

BYLINE: MARY HUHN

BODY:
In reference to Windows, Microsoft wrote the judge: "Having an extremely popular product does not make a company a monopolist."
Last week, reports surfaced the DOJ would recommend the company be broken up.
"They're going to take a very aggressive stance, which is very consistent with the culture of the company," said Barry Jaruzelski, a partner with Booz, Allen & Hamilton, of Microsoft's approach. "Any other response would have been surprising."
Bob Lande, a professor with the University of Maryland School of Law, said the document was "intelligently written."
"They didn't spend a lot of time denying the judge's facts, and then they moved on," he said. "They have some strong arguments. Other times in this trial, they've been less sterling. This time they did a good job."
Microsoft earnings rose 22 percent to $2.44 billion, or 44 cents a share, up from $1.98 billion, or 36 ...

FOCUS - 332 of 389 DOCUMENTS

Copyright 2000 The Federal Capital Press of Australia
Pty Limited  
Canberra Times (Australia)

January 17, 2000, Monday Edition

SECTION: Part A; Page 14

LENGTH: 940 words

HEADLINE: SETTLEMENT UNLIKELY AS MICROSOFT GIRDS FOR CIVIL CASE;
MICROSOFT TOP GUNS STEVE BALLMER, LEFT, AND BILL GATES, RIGHT.

BYLINE: JOE WILCOX TALL-POPPY CUTTING

BODY:
...a monopoly. Caldera says Mi crosoft obtained" a monopo ly. If Caldera, then the class- action plaintiffs, could show that a monopoly had been ob tained illegally, they might show that every copy of Win dows sold had resulted from that illegal act, exposing Mi crosoft to heavy liability.
Microsoft must present its defence to a jury, which could be tougher. Juries are unpre dictable and can generate more publicity, says Bob Lande, a University of Balti more antitrust professor.
Furthermore, it is dealing with events up to a decade old.  Rich Gray, an intellectual- property lawyer, says the core of Caldera's argument  that Microsoft tied MS-DOS to Windows illegally  is simi lar to the Government's argu ment.
It's another shot at the ty ing issue. Windows wouldn't work by itself, it had to run on he ...

PERSON: 
WILLIAM HENRY 'BILL' GATES III (74%); STEVE BALLMER (65%); BOB LANDE (56%); 

FOCUS - 333 of 389 DOCUMENTS

Copyright 2000 The Deal L.L.C.  
Daily Deal (New York, NY)

January 7, 2000 Friday

SECTION: INDUSTRY INSIGHT

LENGTH: 1427 words

HEADLINE: D.C. Gadfly Makes Its Presence Felt

BYLINE: by Jaret Seiberg

BODY:
...forum for discussing antitrust policy, Foer said. The agenda includes debates on applying antitrust laws to high technology and exploring new approaches to collusion.
The institute is also planning an antitrust academy for regulators from developing countries. Foer has met with potential funding sources for the academy, which would be based in Washington and use U.S. regulators as teachers.
The AAI is the brainchild of Foer and University of Baltimore law professor Robert Lande, who met when they worked at the FTC in the early 1980s.The pair formulated the concept over several years over lunches in the Washington suburb of Silver Spring, Md.
Foer had joined FTC in 1975 after less than three years at Hogan & Hartson. He started as an assistant to the director of the bureau of competition before running a group that worked on everything from Hart-Scott-Rodino ...

FOCUS - 334 of 389 DOCUMENTS

Copyright 1999 Post-Newsweek Business Information, Inc.  
Newsbytes

December 7, 1999, Tuesday

LENGTH: 749 words

HEADLINE: US antitrust case filing blasts Microsoft

BYLINE: Will Rodger; USA TODAY

DATELINE: USA TODAY

BODY:
...Netscape.
---Produced a "polluted" version of the Java programming language designed to destroy the threat that the original Java posed to the company's lock on the market for PC operating systems.
All this and more, the government explained, was done to maintain Microsoft's monopoly over the PC operating system while extending it into the new area of Internet browsers.
The government's decision to separate the "tying" claim from the rest shows confidence, says Robert Lande, professor of antitrust law at the University of Baltimore. "They are saying that even if we lose by 'tying' we still have enough to win on maintenance of monopoly."
Despite the boon that Jackson's 207-page findings of fact gave the government, Jackson seemed at least somewhat skeptical that Netscape's Navigator browser would cease to be a factor in the market. That is important because, all other things being equal, the more damage done to Netscape the ...

FOCUS - 335 of 389 DOCUMENTS

Copyright 1999 Gannett Company, Inc.  
USA TODAY

December 7, 1999, Tuesday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 399 words

HEADLINE: State, federal governments hold the line vs. Microsoft

BYLINE: Will Rodger; usatoday.com

BODY:
...Windows operating
systems to kill off Netscape and other browser makers; and entered
into a wide variety of exclusionary contracts designed to keep
other companies from doing business with Netscape.
All this and more, the government said, was done to maintain Microsoft's
monopoly over the PC operating system while extending it into
the new area of Internet browsers.
The government's decision to separate the "tying" claim from
the rest shows confidence, says Robert Lande, antitrust law professor
at the University of Baltimore. "They are saying even if we lose
'tying' we still have enough to win on maintenance of monopoly."
Despite the boon Jackson's 207-page "findings of fact" gave
the government, Jackson seemed somewhat skeptical that Netscape's
Navigator browser would cease to be a factor in the market. That
is important because the more damage done to Netscape, the stronger
the government's case.
Meanwhile in Chicago, lawyers for ...

FOCUS - 336 of 389 DOCUMENTS

Copyright 1999 The Washington Post  
The Washington Post

November 30, 1999, Tuesday, Final Edition

SECTION: OP-ED; Pg. A29

LENGTH: 736 words

HEADLINE: Yes, Microsoft Did Hurt Consumers

BYLINE: Albert A. Foer; Robert H. Lande

BODY:
...thanks to the incompatibilities deliberately installed by Microsoft. Isn't real consumer choice supposed to be a prime goal of the antitrust laws?
The remarkable thing about Judge Jackson's ruling is not that he found the long-term harm to innovation that is the essence of the case. He also found numerous examples of short-term harm to consumers. There's no question that Microsoft hurt consumers severely.
Albert A. Foer is president of the American Antitrust Institute. Robert H. Lande is a law professor at the University of Baltimore.

FOCUS - 337 of 389 DOCUMENTS

Copyright 1999 The Federal Capital Press of Australia
Pty Limited  
Canberra Times (Australia)

November 22, 1999, Monday Edition

SECTION: Part A; Page 13

LENGTH: 1226 words

HEADLINE: EVERYONE TRIES TO GUESS GATES'S NEXT MOVE;
MICROSOFT'S BILL GATES SEEMS TO BE GOING OVER THE JUDGE'S HEAD.

BYLINE: JOE WILCOX THE ANTITRUST FAN

BODY:
...run processors made by companies other than Intel  an important factor in judging legal issues involving the software giant's business practices because of the long-standing relationship with the chip-maker that has led to the industry shorthand of Wintel".  In his findings of fact, Jackson said, In determining the level of Microsoft's market power, the relevant market is the licensing of all Intel-compatible PC operating systems world-wide." Bob Lande, a professor at the University of Baltimore School of Law, agreed that this was a grey area because of the way Jackson defined Microsoft's monopoly market. Moving Windows 2000 beyond Intel-based PCs could present some problems for the Government, particularly if there were a long appeal, he said.  Microsoft would not comment specifically on any plans to expand Windows 2000 outside the PC.  A Windows-2000-everywhere ...

FOCUS - 338 of 389 DOCUMENTS

Copyright 1999 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

November 22, 1999 Monday

LENGTH: 1276 words

HEADLINE: Pressure for Microsoft settlement grows with new lawsuit

BYLINE: Mike Tarsala & William L. Watts

BODY:
...District Court of Appeals if there's no settlement. The appeals court has overruled Jackson before on Microsoft-related matters.
"Jackson may be trying to position himself for the appeal. Posner is a god to the appeals court. By appointing Posner, it kind of rubs off on Jackson," Love said.
"It was a shrewd move by the judge to pick a respected conservative like Posner," said Robert H. Lande, a law professor at the University of Baltimore. One antitrust attorney compared Posner's appointment to President Richard Nixon traveling to China in the 1970s to break down trade barriers. It took a conservative as the front man to make the trip credible to the masses, as some saw it as a liberal goal.
While Posner tends toward conservative positions, he also believes in enforcing antitrust laws, ...

FOCUS - 339 of 389 DOCUMENTS

Copyright 1999 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

November 21, 1999 Sunday

LENGTH: 1042 words

HEADLINE: New character in Microsoft drama

BYLINE: CBS.MarketWatch.com

BODY:
...Jackson may be attempting to shore up the likelihood any subsequent rulings will pass muster with the U.S. District Court of Appeals if there is no settlement. The appeals court has overruled Jackson before on Microsoft-related matters.
"Jackson may be trying to position himself for the appeal. Posner is a god to the appeals court. By appointing Posner, it kind of rubs off on Jackson," Love said.
Robert H. Lande, a law professor at the University of Baltimore, said selection of Posner. "It was a shrewd move by the judge to pick a respected conservative like Posner," Lande said.
While Posner tends toward conservative positions, he also believes in enforcing antitrust laws, Lande said. With that in mind, it will be difficult for Microsoft to reject a mediated solution if even Posner believes the ...

PERSON: 
RICHARD POSNER (97%); THOMAS PENFIELD JACKSON (82%); ROBERT H LANDE (63%); JAMES LOVE (56%); 

FOCUS - 340 of 389 DOCUMENTS

Copyright 1999 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

November 20, 1999 Saturday

LENGTH: 990 words

HEADLINE: Judge appoints mediator in Microsoft antitrust case

BYLINE: CBS.MarketWatch.com

BODY:
...Jackson may be attempting to shore up the likelihood any subsequent rulings will pass muster with the U.S. District Court of Appeals if there is no settlement. The appeals court has overruled Jackson before on Microsoft-related matters.
"Jackson may be trying to position himself for the appeal. Posner is a god to the appeals court. By appointing Posner, it kind of rubs off on Jackson," Love said.
Robert H. Lande, a law professor at the University of Baltimore, said selection of Posner. "It was a shrewd move by the judge to pick a respected conservative like Posner," Lande said.
While Posner is conservative, he does believe in enforcing antitrust laws, Lande said. With that in mind, it will be difficult for Microsoft to reject a mediated solution if even Posner believes the software giant broke the ...

PERSON: 
RICHARD POSNER (96%); ROBERT H LANDE (63%); JAMES LOVE (57%); 

FOCUS - 341 of 389 DOCUMENTS

Copyright 1999 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

November 19, 1999 Friday

LENGTH: 945 words

HEADLINE: Judge appoints mediator in Microsoft antitrust case

BYLINE: CBS.MarketWatch.com

BODY:
...Jackson may be attempting to shore up the likelihood any subsequent rulings will pass muster with the U.S. District Court of Appeals if there is no settlement. The appeals court has overruled Jackson before on Microsoft-related matters.
"Jackson may be trying to position himself for the appeal. Posner is a god to the appeals court. By appointing Posner, it kind of rubs off on Jackson," Love said.
Robert H. Lande, a law professor at the University of Baltimore, said selection of Posner. "It was a shrewd move by the judge to pick a respected conservative like Posner," Lande said.
While Posner is conservative, he does believe in enforcing antitrust laws, Lande said. With that in mind, it will be difficult for Microsoft to reject a mediated solution if even Posner believes the software giant broke the ...

PERSON: 
RICHARD POSNER (96%); ROBERT H LANDE (63%); JAMES LOVE (57%); 

FOCUS - 342 of 389 DOCUMENTS

Copyright 1999 U.S. News & World Report  
U.S. News & World Report

November 15, 1999

SECTION: BUSINESS & TECHNOLOGY; COVER STORY; Vol. 127 , No. 19; Pg. 50

LENGTH: 594 words

HEADLINE: A guide to Act II in the antitrust trial

BYLINE: By Dori Jones Yang; William J. Holstein

BODY:
...settled until 2002 or 2003. The damage to Microsoft's image in the marketplace could deepen.
 How could it have gone so wrong for Microsoft? Part of the explanation is the often haughty and downright belligerent public statements that Gates and other executives made. Then the company stumbled by allowing Gates's televised deposition to contradict the gist of dozens of internal E-mails.
 "Microsoft blew its credibility in so many ways," says Robert H. Lande, law professor at the University of Baltimore. "Whenever it came down to Microsoft's word against someone else, the judge believed the other person."

FOCUS - 343 of 389 DOCUMENTS

Copyright 1999 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

November 10, 1999 Wednesday

LENGTH: 710 words

HEADLINE: More private lawsuits seen in wake of Microsoft findings

BYLINE: CBS.MarketWatch.com

BODY:
...any laws, the one-sided findings appear likely to result in an adverse judgment for the company.
The specter of private litigation was a factor behind AT&T's (t) decisionin the early 1980s to break up after it lost the first round of a long-running federal antitrust suit.
"That becomes a factor in the calculus of the company" as it determines whether to fight or settle, said Robert H. Lande, a professor at the University of Baltimore Law School.
The Seastrom lawsuit doesn't specifically mention Judge Jackson's findings, but does refer to Microsoft as a monopoly. It also mentions that Seastrom bought a Windows 98 upgrade late last year.
Jackson' findings cited a November 1997 study by Microsoft that found the company "could have charged $49 for an upgrade to Windows 98" operating ...

FOCUS - 344 of 389 DOCUMENTS 

Copyright 1999 The Baltimore Sun Company 

THE BALTIMORE SUN 

November 9, 1999, Tuesday ,FINAL 

SECTION: TELEGRAPH ,1A 

LENGTH: 791 words 

HEADLINE: Microsoft deal unlikely soon; Stock falls $1.625, less than expected after Friday's setback 

BYLINE: Mark Ribbing 

SOURCE: SUN STAFF 

BODY: 
...major setback in the most important legal proceeding of its corporate life. U.S. District Judge Thomas Penfield Jackson's finding went against Microsoft on almost every point, giving rise to speculation that the company might come to the settlement table rather than await Jackson's findings of law, which are expected to come out by early next year.
 Those legal findings are not likely to go Microsoft's way. Robert H. Lande, a University of Baltimore law professor who has watched the case closely, said Microsoft might be wise to settle the matter to head off an adverse legal ruling. A legal defeat would not only open Microsoft to punishment in this case, but would also create a precedent that other companies could exploit in their lawsuits against Bill Gates' empire.
 'In a state of denial'
 However, Lande said that ...

FOCUS - 345 of 389 DOCUMENTS

Copyright 1999 Post-Newsweek Business Information, Inc.  
Newsbytes

November 9, 1999, Tuesday

LENGTH: 1170 words

HEADLINE: Microsoft now must sweat the "B" word

BYLINE: Will Rodger; USA TODAY

DATELINE: USA TODAY

BODY:
...result in a hobbled, distracted Microsoft that would fail shareholders and consumers alike.
They draw on rulings from past corporate breakups -- AT&T Corp. in 1982, and the legendary turn-of-the-century breakup of Standard Oil -- to make their case.
"In the case of major violations where the company's behavior clearly went over the line on numerous occasions, a structural remedy is needed," University of Baltimore Professor of Law Robert Lande said Monday.
Jackson should be especially skeptical of a remedy that forbids certain conduct in lieu of a break-up. He cited the controversial 1995 consent decree under which Microsoft agreed not to bundle other applications with its operating system, except when they were "integrated" with Windows.
The Justice Department thought that language forbade Microsoft from adding its Internet Explorer to Windows. An appeals court, however, disagreed, which effectively rendered that anti-monopoly ...

FOCUS - 346 of 389 DOCUMENTS

Content and programming copyright 1999 Cable News Network Transcribed under license by Federal Document Clearing House, Inc. Formatting copyright 1999 Federal Document Clearing House, Inc. All rights reserved. No quotes from the materials contained herein may be used in any media without attribution to Cable News Network. This transcript may not be copied or resold in any media.

CNN

SHOW: CNN THE WORLD TODAY 20:00 pm ET

November 8, 1999; Monday 8:05 pm Eastern Time

Transcript # 99110802V23

SECTION: News; Domestic

LENGTH: 834 words

HEADLINE:  Justice Department, Microsoft Weigh Options in Antitrust Trial

BYLINE:  Jim Moret, Pierre Thomas, Greg LeFevre

BODY:
We have two reports on what each side may be looking for.
First, CNN Justice correspondent, Pierre Thomas.
(BEGIN VIDEOTAPE)
PIERRE THOMAS, CNN JUSTICE CORRESPONDENT (voice-over): The Justice Department is reviewing options that could dramatically alter the landscape of the computer industry or even split up Microsoft.
BOB LANDE, AMERICAN ANTITRUST INSTITUTE: This does substantially raise the pressure quotient on Microsoft.  Up until now, I think they were denying reality.
THOMAS: A federal judge has already found Microsoft is a monopoly which hurts consumers.  And if Judge Thomas Penfield Jackson determines Microsoft broke antitrust laws, the Justice Department and 19 states suing the company could have a range of remedies they may pursue.
Some deal with the company's ...

FOCUS - 347 of 389 DOCUMENTS

Content and programming copyright 1999 Cable News Network Transcribed under license by Federal Document Clearing House, Inc. Formatting copyright 1999 Federal Document Clearing House, Inc. All rights reserved. No quotes from the materials contained herein may be used in any media without attribution to Cable News Network. This transcript may not be copied or resold in any media.

CNN

SHOW: CNN THE WORLD TODAY 20:00 pm ET

November 8, 1999; Monday 8:05 pm Eastern Time

Transcript # 99110802V23

SECTION: News; Domestic

LENGTH: 834 words

HEADLINE:  Justice Department, Microsoft Weigh Options in Antitrust Trial

BYLINE:  Jim Moret, Pierre Thomas, Greg LeFevre

BODY:
We have two reports on what each side may be looking for.
First, CNN Justice correspondent, Pierre Thomas.
(BEGIN VIDEOTAPE)
PIERRE THOMAS, CNN JUSTICE CORRESPONDENT (voice-over): The Justice Department is reviewing options that could dramatically alter the landscape of the computer industry or even split up Microsoft.
BOB LANDE, AMERICAN ANTITRUST INSTITUTE: This does substantially raise the pressure quotient on Microsoft.  Up until now, I think they were denying reality.
THOMAS: A federal judge has already found Microsoft is a monopoly which hurts consumers.  And if Judge Thomas Penfield Jackson determines Microsoft broke antitrust laws, the Justice Department and 19 states suing the company could have a range of remedies they may pursue.
Some deal with the company's ...

FOCUS - 348 of 389 DOCUMENTS 

Copyright 1999 The Financial Times Limited 

Financial Times (England) (England) 

November 8, 1999, Monday London Edition 1 

SECTION: MICROSOFT; Pg. 10 

LENGTH: 716 words 

HEADLINE: MICROSOFT: Break-up option edges to centre-stage JUSTICE DEPARTMENT: WHAT HAPPENS NEXT: 

BYLINE: By RICHARD WOLFFE 

DATELINE: WASHINGTON 

BODY: 
...a decision on the remedies it could seek from the court in case of a final victory. But it continues to explore a full range of remedies, from an order limiting Microsoft's conduct to the ultimate recourse of breaking up the company. 
Most antitrust analysts believe the sheer strength of the judge's findings will encourage the Justice Department and 19 states suing Microsoft to seek a severe remedy. Robert Lande, a law professor at the University of Baltimore, said: "The remedy should be related to the severity of the violation. In a case where there are just a few counts, there should be a mild remedy. But in the case of major violations, where the company's behaviour clearly went over the line on numerous occasions, a serious structural remedy is needed." 
The remedy options fall into two categories. So-called conduct remedies address the ...

FOCUS - 349 of 389 DOCUMENTS

Copyright 1999 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
Knight Ridder Washington Bureau

November 8, 1999, Monday

SECTION: WASHINGTON DATELINE

KR-ACC-NO: K2779

LENGTH: 933 words

HEADLINE: Judge strove for 'bulletproof' decision, analysts say

BYLINE: By David L. Wilson

BODY:
"This was a slam dunk for the government," he said. "The judge basically accepted everything they had, hook, line and sinker. Microsoft is going to lose, and lose pretty badly, on the law."
Observers were stunned at both the depth and breadth of this opinion, which was expected to be much leaner. "The judge included in these findings more than the building blocks," said Robert Lande, a law professor at the University of Maryland and a member of the board of the American Antitrust Institute. "It's bulletproof."
Litan agreed, using much the same language. "This is so detailed and well crafted, it displays an attempt by Jackson to make his decision bulletproof on appeal. It's a thorough and very impressive job."
The main legal issues in this case revolve around the claim that Microsoft committed ...

FOCUS - 350 of 389 DOCUMENTS

Copyright 1999 Post-Newsweek Business Information, Inc.  
Newsbytes

November 8, 1999, Monday

LENGTH: 2411 words

HEADLINE: Microsoft Faces Myriad Of Challenges

BYLINE: Rajiv Chandrasekaran and David Streitfeld; The Washington Post

DATELINE: WASHINGTON, DC, U.S.A.

BODY:
...each other. If, for instance, Linux and  other operating systems become serious competitive threats in the  desktop PC market, it could lead appellate judges to mute any court- ordered sanctions. On the other hand, if viable alternatives don't  appear in the marketplace, it could convince an appeals court to uphold  stiffer sanctions.
"It will either be market forces or something from the court," said  Robert H. Lande, a law professor at the University of Baltimore. "Either  way, they are facing a big threat."
But many Microsoft watchers believe the company can-and will-overcome  its hurdles with Windows 2000 and Internet services. The company has  lined up 25,000 firms to sell Windows 2000, for instance, and it plans  to have 60,000 software applications that will run on the operating  system, giving it a commanding ...

FOCUS - 351 of 389 DOCUMENTS

Copyright 1999 The Houston Chronicle Publishing Company  
The Houston Chronicle

November 07, 1999, Sunday 4 STAR EDITION

SECTION: A; Pg. 1

LENGTH: 895 words

HEADLINE: Monopoly ruling leaves Microsoft down but not out;
Experts say time, appeals process on company's side in antitrust suit

SOURCE: Houston Chronicle News Services

DATELINE: WASHINGTON

BODY:
...fall well short of wave-the-white-flag surrender, they said.
The company could drag out the legal proceedings for years, hoping that changes in the high-tech market make the case seem anachronistic. The company could also take its chances with the Court of Appeals for the D.C. Circuit, wagering that the higher court, which has reversed Jackson before, is more tolerant of Microsoft's brand of aggressive competition.
"Time is on Microsoft's side here," said Robert H. Lande, a law professor at the University of Baltimore. "Two years from now, when the Supreme Court gets the case, Microsoft can make the argument that the factual record is obsolete."
On Friday, Jackson gave both sides a schedule to submit legal briefs that address how antitrust law applies to his findings of fact. Microsoft's final rebuttal brief is not due until Jan. 31, and the judge has not specified whether he ...

FOCUS - 352 of 389 DOCUMENTS

Copyright 1999 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
Knight Ridder Washington Bureau

November 7, 1999, Sunday

SECTION: WASHINGTON DATELINE

KR-ACC-NO: K2779

LENGTH: 933 words

HEADLINE: Judge strove for 'bulletproof' decision, analysts say

BYLINE: By David L. Wilson

BODY:
"This was a slam dunk for the government," he said. "The judge basically accepted everything they had, hook, line and sinker. Microsoft is going to lose, and lose pretty badly, on the law."
Observers were stunned at both the depth and breadth of this opinion, which was expected to be much leaner. "The judge included in these findings more than the building blocks," said Robert Lande, a law professor at the University of Maryland and a member of the board of the American Antitrust Institute. "It's bulletproof."
Litan agreed, using much the same language. "This is so detailed and well crafted, it displays an attempt by Jackson to make his decision bulletproof on appeal. It's a thorough and very impressive job."
The main legal issues in this case revolve around the claim that Microsoft committed ...

FOCUS - 353 of 389 DOCUMENTS

Copyright 1999 P.G. Publishing Co.  
Pittsburgh Post-Gazette (Pennsylvania)

November 7, 1999, Sunday, 35REGION 26 EDITION

SECTION: NATIONAL, Pg. A-1

LENGTH: 935 words

HEADLINE: MICROSOFT RULING HAS LITTLE DOUBT OF OUTCOME

BYLINE: DAVID L. WILSON

DATELINE: WASHINGTON -

BODY:
"This was a slam dunk for the government," he said. "The judge basically accepted everything they had, hook, line and sinker. Microsoft is going to lose, and lose pretty badly, on the law."
Observers were stunned at both the depth and breadth of this opinion, which was expected to be much leaner.
"The judge included in these findings more than the building blocks," said Robert Lande, a law professor at the University of Maryland and a member of the board of the American Antitrust Institute. "It's bulletproof."
Litan agreed, using much the same language. "This is so detailed and well crafted, it displays an attempt by Jackson to make his decision bulletproof on appeal. It's a thorough and very impressive job."
The main legal issues in this case revolve around the claim that Microsoft committed ...

FOCUS - 354 of 389 DOCUMENTS

Copyright 1999 Bergen Record Corp.  
The Record (Bergen County, NJ)

November 7, 1999, SUNDAY; ALL EDITIONS

SECTION: NEWS; Pg. A1

LENGTH: 750 words

HEADLINE: MICROSOFT STILL HAS WINDOWS OF OPPORTUNITY

BYLINE: DAVID SEGAL and RAJIV CHANDRASEKARAN, Washington Post News Service

DATELINE: WASHINGTON

BODY:
...well short of wave-the-white-flag surrender,
 according to legal experts.
The company could drag out the proceedings for years, hoping that
 changes in the high-tech market make the case seem anachronistic. The
 company also could take its chances with the Court of Appeals for the
 D.C. Circuit, wagering that the higher court, which has reversed Jackson
 before, is more tolerant of Microsoft's brand of aggressive competition.
"Time is on Microsoft's side here,"said Robert H. Lande, a law
 professor at the University of Baltimore. "Two years from now, when the
 Supreme Court gets the case, Microsoft can make the argument that the
 factual record is obsolete."
On Friday, Jackson gave both sides a schedule to submit legal briefs
 that address how antitrust law applies to his findings of fact.
Microsoft's final rebuttal brief is not due until Jan. 31, and the judge
 has not specified whether he ...

FOCUS - 355 of 389 DOCUMENTS

Copyright 1999 St. Louis Post-Dispatch, Inc.  
St. Louis Post-Dispatch (Missouri)

November 7, 1999, Sunday, FIVE STAR LIFT EDITION

SECTION: NEWS, Pg. A8

LENGTH: 334 words

HEADLINE: MAJOR ANTITRUST CASES

BODY:

International Business Machines Corp.
Lasted from 1969 to 1982 and is the case most often cited when comparing with Microsoft. The largest legal case of any kind ever filed, according to University of Baltimore law professor Robert Lande.
The charges: The Justice Department charged that the company had bundled hardware and software together, announced production schedules on "phantom machines" to delay possible customers from signing up with competitors and gave special allowances to universities and other educational institutions. IBM had a market share of 65 percent, less than the government now says Microsoft has in key software.

FOCUS - 356 of 389 DOCUMENTS

Copyright 1999 The Washington Post  
The Washington Post

November 7, 1999, Sunday, Final Edition

SECTION: A SECTION; Pg. A01

LENGTH: 2781 words

HEADLINE: Microsoft: The Empire Strikes Out?; In Courtroom and Beyond, Software King Is at Risk

BYLINE: Rajiv Chandrasekaran; David Streitfeld, Washington Post Staff Writers

BODY:
...each other. If, for instance, Linux and other operating systems become serious competitive threats in the desktop PC market, it could lead appellate judges to mute any court-ordered sanctions. On the other hand, if viable alternatives don't appear in the marketplace, it could convince an appeals court to uphold stiffer sanctions.
"It will either be market forces or something from the court," said Robert H. Lande, a law professor at the University of Baltimore. "Either way, they are facing a big threat."
But many Microsoft watchers believe the company can--and will--overcome its hurdles with Windows 2000 and Internet services. The company has lined up 25,000 firms to sell Windows 2000, for instance, and it plans to have 60,000 software applications that will run on the operating system, giving it a commanding ...

FOCUS - 357 of 389 DOCUMENTS

Copyright 1999 The Washington Post  
The Washington Post

November 7, 1999, Sunday, Final Edition

SECTION: A SECTION; Pg. A24

LENGTH: 855 words

HEADLINE: Don't Rush to Count Out Resilient Microsoft; Specialists Say Findings May Not Be for Keeps

BYLINE: David Segal; Rajiv Chandrasekaran, Washington Post Staff Writers

BODY:
...well short of wave-the-white-flag surrender, according to legal experts.
The company could drag out the proceedings for years, hoping that changes in the high-tech market make the case seem anachronistic. The company could also take its chances with the Court of Appeals for the D.C. Circuit, wagering that the higher court, which has reversed Jackson before, is more tolerant of Microsoft's brand of aggressive competition.
"Time is on Microsoft's side here," said Robert H. Lande, a law professor at the University of Baltimore. "Two years from now, when the Supreme Court gets the case, Microsoft can make the argument that the factual record is obsolete."
On Friday, Jackson gave both sides a schedule to submit legal briefs that address how antitrust law applies to his findings of fact. Microsoft's final rebuttal brief is not due until Jan. 31, and the judge has not specified whether he ...

FOCUS - 358 of 389 DOCUMENTS 

Copyright 1999 The Baltimore Sun Company 

THE BALTIMORE SUN 

November 6, 1999, Saturday ,FINAL 

SECTION: TELEGRAPH ,1A 

LENGTH: 1239 words 

HEADLINE: Industry change lessens impact; Internet increasingly seen as alternative 

BYLINE: Mark Ribbing and Michael Stroh 

SOURCE: SUN STAFF 

BODY: 
 Analysts were struck by the language of Jackson's ruling. "It's very definitive," said Carl Howe of Forrester Research Inc. in Cambridge, Mass. "I expected him to be perhaps more measured."
 "This looks like about as strong a finding of fact as the government could have hoped for," said Robert Lande, an antitrust expert with the University of Baltimore who has followed the case from the beginning. "This makes a strong remedy more likely."
 It is not clear how the decision will affect Microsoft, other companies, or consumers. Sanctions the court could impose range from a fine to an AT&T- style breakup of the company. Any such outcome could take years, given the delays of the appeals process.
 In addition, the high-technology ...

FOCUS - 359 of 389 DOCUMENTS 

Copyright 1999 The Florida Times-Union 

Florida Times-Union (Jacksonville, FL) 

November 6, 1999 Saturday, City Edition 

SECTION: NATIONAL/INTERNATIONAL; Pg. A-1 

LENGTH: 1423 words 

HEADLINE: Microsoft suffers setback;
Judge casts industry giant as monopolist, hindering innovation 

BYLINE: From news services 

BODY: 
...on the Internet. 
Although both sides have had some preliminary settlement discussions over the past year, Microsoft negotiators thus far have been unwilling to concede much, believing their position would prevail in court, according to sources familiar with the talks. But legal experts said last night that the aggressiveness of Jackson's factual findings could alter the company's strategy.  
'This could shock Microsoft into reality and make them more serious about a settlement,' said Robert H. Lande, a law professor at the University of Baltimore. 
In his ruling, Jackson accepted almost all of the government's evidence, while casting a skeptical eye toward most of Microsoft's explanations. He ruled that the government clearly crossed a plaintiff's first hurdle in an antitrust case: proving that the defendant has 'monopoly power.' 
'Microsoft possesses a dominant, persistent and increasing share of the worldwide market for Intel-...

FOCUS - 360 of 389 DOCUMENTS 

Copyright 1999 Guardian Newspapers Limited 

The Guardian (London) 

November 6, 1999 

SECTION: Guardian City Pages; Pg. 27 

LENGTH: 659 words 

HEADLINE: Microsoft faces defining moment 

BYLINE: Jane Martinson in New York 

BODY: 
...world's richest man. 
 There has been mounting speculation that the judge will want to offer something to both sides in his findings in an attempt to push them into reaching a settlement. 
 One lawyer said the long, drawn out judgment phase - with yesterday's expected ruling preceding any actual legal conclusions - suggests that the judge wanted to give both sides time to use his findings as the basis for further talks. 
 Bob Lande, a professor at the University of Baltimore School of Law, has said that the judge is 'trying to force settlement by bifurcating facts from law, which gives the parties another chance to start talking". 
 Since preliminary settlement talks foundered earlier this year, Mr Gates and other Microsoft executives have spoken of their regret at having failed to reach an understanding with the government. 
 Brad Smith, Microsoft's general counsel for worldwide sales, ...

FOCUS - 361 of 389 DOCUMENTS

Copyright 1999 Post-Newsweek Business Information, Inc.  
Newsbytes

November 6, 1999, Saturday

LENGTH: 2126 words

HEADLINE: Judge Says Microsoft Wields Monopoly

BYLINE: Rajiv Chandrasekaran; Washington Post Staff Writer

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...in 1984.
Although both sides have had some preliminary settlement discussions over  the past year, Microsoft negotiators thus far have been unwilling to concede  much, believing their position would prevail in court, according to sources  familiar with the talks. But legal experts said last night that the  aggressiveness of Jackson's factual findings could alter the company's  strategy. "This could shock Microsoft into reality and make them more  serious about a settlement," said Robert H. Lande, a law professor at the  University of Baltimore.
Gates Friday suggested that the company would be willing to make a  settlement overture, saying that "Microsoft is committed to resolving this  case in a fair and responsible manner."
In his ruling, Jackson accepted almost all of the government's evidence,  while ignoring or rejecting outright the explanations of Microsoft  witnesses. He ruled that the government clearly crossed a plaintiff's first  hurdle in an ...

FOCUS - 362 of 389 DOCUMENTS

Copyright 1999 Post-Newsweek Business Information, Inc.  
Newsbytes

November 6, 1999, Saturday

LENGTH: 2730 words

HEADLINE: Judge Says Microsoft Wields Monopoly

BYLINE: Rajiv Chandrasekaran; Washington Post Staff Writer

DATELINE: WASHINGTON, D.C., U.S.A.

BODY:
...in 1984.
Although both sides have had some preliminary settlement discussions over  the past year, Microsoft negotiators thus far have been unwilling to concede  much, believing their position would prevail in court, according to sources  familiar with the talks. But legal experts said last night that the  aggressiveness of Jackson's factual findings could alter the company's  strategy. "This could shock Microsoft into reality and make them more  serious about a settlement," said Robert H. Lande, a law professor at the  University of Baltimore.
Gates Friday suggested that the company would be willing to make a  settlement overture, saying that "Microsoft is committed to resolving this  case in a fair and responsible manner."
In his ruling, Jackson accepted almost all of the government's evidence,  while ignoring or rejecting outright the explanations of Microsoft  witnesses. He ruled that the government clearly crossed a plaintiff's first  hurdle in an ...

FOCUS - 363 of 389 DOCUMENTS

Copyright 1999 Sentinel Communications Co.  
Orlando Sentinel (Florida)

November 6, 1999 Saturday, METRO

SECTION: A SECTION; Pg. A10

LENGTH: 356 words

HEADLINE: ANTITRUST FIGHTS CAN LAST YEARS

BYLINE: Reuters

BODY:
- International Business Machines Corp.: Lasted from 1969 to 1982 and is the case most often cited when comparing with Microsoft. The largest legal case of any kind ever filed, according to University of Baltimore law Professor Robert Lande.
The Justice Department charged that the company bundled hardware and software together, announced production schedules on "phantom machines" to delay possible customers from signing up with competitors and gave special allowances to universities and other educational institutions. IBM had a market share of 65 percent, less than the government now says Microsoft has in key software.
The case was dismissed in 1982 after a delay that commentators said had ...

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Copyright 1999 Sentinel Communications Co.  
Orlando Sentinel (Florida)

November 6, 1999 Saturday, METRO

SECTION: A SECTION; Pg. A1

LENGTH: 943 words

HEADLINE: MICROSOFT DECLARED MONOPOLY;
THE GIANT SOFTWARE COMPANY HAS NOT LOST THE CASE YET BUT SHOULD FIND LITTLE THAT'S ENCOURAGING IN THE JUDGE'S RULING.

BYLINE: By Rajiv Chandrasekaran, Washington Post

BODY:
...Corp. in 1984.
Although both sides have had some preliminary settlement discussions during the past year, Microsoft negotiators thus far have been unwilling to concede much, thinking their position would prevail in court, according to sources familiar with the talks.
But legal experts said Friday night that the aggressiveness of Jackson's findings could alter the company's strategy. "This could shock Microsoft into reality and make them more serious about a settlement," said Robert H. Lande, a law professor at the University of Baltimore.
Jackson accepted almost all of the government's evidence, while casting a skeptical eye toward most of Microsoft's explanations. He ruled the government clearly crossed a plaintiff's first hurdle in an antitrust case: Proving that the defendant has "monopoly power."
"Microsoft possesses a dominant, persistent and increasing share of the worldwide market for Intel-compatible PC ...

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Copyright 1999 Seattle Post-Intelligencer  
SEATTLE POST-INTELLIGENCER

November 06, 1999, Saturday , FINAL

SECTION: NEWS, Pg. A4

LENGTH: 295 words

HEADLINE: THE LATEST CASE IN LONG U.S. ANTITRUST HISTORY

BODY:
The largest legal case of any kind ever filed, according to University of Baltimore law Professor Robert Lande. The Justice Department charged that the company bundled hardware and software together, announced production schedules on "phantom machines" to delay possible customers from signing up with competitors, and gave special allowances to universities and other educational institutions. IBM had a market share of 65 percent, less than the government now says Microsoft has. Case was dismissed.
--  AT&T Corp.: 1974 to 1982. Ended in consent decree with the government ...

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Copyright 1999 The Washington Post  
The Washington Post

November 6, 1999, Saturday, Final Edition

SECTION: A SECTION; Pg. A01

LENGTH: 4372 words

HEADLINE: Judge Says Microsoft Wields Monopoly Power Over Rivals; Public, Innovation Hurt by Domination, Findings Conclude

BYLINE: Rajiv Chandrasekaran, Washington Post Staff Writer

BODY:
...in 1984.
Although both sides have had some preliminary settlement discussions over the past year, Microsoft negotiators thus far have been unwilling to concede much, believing their position would prevail in court, according to sources familiar with the talks. But legal experts said last night that the aggressiveness of Jackson's factual findings could alter the company's strategy. "This could shock Microsoft into reality and make them more serious about a settlement," said Robert H. Lande, a law professor at the University of Baltimore.
Gates yesterday suggested that the company would be willing to make a settlement overture, saying that "Microsoft is committed to resolving this case in a fair and responsible manner."
In his ruling, Jackson accepted almost all of the government's evidence, while ignoring or rejecting outright the explanations of Microsoft witnesses. He ruled that the government clearly crossed a plaintiff's first hurdle in an ...

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Copyright 1999 American Marketing Association 

Journal Of Marketing 

1999, Fall 

SECTION: Vol. 63, No. 4; Pg. 121 

LENGTH: 10813 words 

HEADLINE: Vertical Territorial Restrictions and Public Policy: Theories and Industry Evidence 

BYLINE: Shantanu Dutta, Jan B. Heide, & Mark Bergen; Shantanu Dutta is Associate Professor of Marketing, Marshall School of Business, University of Southern California.  Jan B. Heide is Churchill Professor of Marketing, School of Business, University of Wisconsin, Madison.  Mark Bergen is Associate Professor of Marketing, Carlson School of Management, University of Minnesota.  The authors thank the Carlson School of Management, University of Minnesota; Marshall School of Business, University of Southern California; and the School of Business, University of Wisconsin, Madison, for financial assistance with this project.  The article has benefited from comments made during presentations at University of Chicago, University of Cincinnati, University of Illinois, Notre Dame University, and the Marketing Science Conference in Tucson.  The authors also acknowledge the helpful comments of the four anonymous JM reviewers.  The authors are listed in random order.  All contributed equally to the article.  

BIBLIOGRAPHY: 
...1993), "Nontransactional Data in Economics and Marketing," Managerial and Decision Economics, 14, 163 -- 73.
Campbell, Donald T. (1955), "The Informant in Quantitative Research," American Journal of Sociology, 60 (January), 339 -- 42.
Caves, Richard (1984), "Vertical Restraints as Integration by Contract: Evidence and Policy Implications," in Impact Evaluations of Federal Trade Commission Vertical Restraints Cases, Ronald L. Lafferty, Robert H. Lande, and John B. Kirkwood, eds.  Washington, DC: Bureau of Economics, Federal Trade Commission, 429 -- 66.
Cespedes, Frank V., E. Raymond Corey, and V. Kasturi Rangan (1988), "Gray Markets: Causes and Cures," Harvard Business Review, 66 (July/August), 75 -- 82.
Continental TV, Inc. v. GTE Sylvania, Inc. (1977) 433 U.S. 36.53L. Ed. 2nd. 568 -- 579. ...
...Costs of Control: The Source of Economic Rents for McDonald's Franchisees," The Journal of Law and Economics, 37 (October), 417 -- 53.
Kerlinger, Fred N. (1986), Foundations of Behavioral Research, 3d ed.  New York: Holt, Rinehart and Winston.
Klein, Benjamin and Kevin M. Murphy (1988), "Vertical Restraints as Contract Enforcement Mechanisms," Journal of Law and Economics, 31 (October), 265 -- 97.
Lafferty, Ronald L., Robert H. Lande, and John B. Kirkwood, eds. (1984), Impact Evaluations of Federal Trade Commission Vertical Restraints Cases.  Washington, DC: Bureau of Economics, Federal Trade Commission.
Lal, Rajiv (1990), "Improving Channel Coordination Through Franchising," Marketing Science, 10 (4), 299 -- 318.
Lilien, Gary L. (1979), "Advisor 2: Modeling the Marketing Mix Decision for Industrial Products," Management Science, 25 (...

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Copyright 1999 The Federal Capital Press of Australia
Pty Limited  
Canberra Times (Australia)

September 27, 1999, Monday Edition

SECTION: Part A; Page 15

LENGTH: 1006 words

HEADLINE: MICROSOFT TRIES THE NITPICKING APPROACH;
 PB PICTURE: CHARLES KRUPA/AP

BYLINE: JOE WILCOX MICROSOFT TRIAL

BODY:
...experts. The Government must prove that Microsoft's actions harmed consumers, which Warden contends it has failed to do.
Warden spent a long time too on the issue of whether or not Microsoft is a monopoly. He argued that the Government failed to define, under existing law, the market the company allegedly dominates.
Windows has none of the traditional hallmarks of said Warden, arguing that the Government ignored AOL, Apple, IBM, and Sun as platform competitors of Windows.
Bob Lande, a professor with the University of Baltimore School of Law, scoffed at the assertion that Windows was not a monopoly.
The argument made Microsoft look he said.  I think it shows they operate in their own little world, and they don't travel outside that world very much, but counsel should have known better than to spend, what, 18 minutes on this ridiculous point." Boies referred to Microsoft documents showing that the company maintained for ...

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Copyright 1999 Anchorage Daily News  
Anchorage Daily News (Alaska)

September 4, 1999, Saturday, FINAL EDITION

SECTION: NATION, Pg. 1A

LENGTH: 750 words

HEADLINE: STORES TO SELL SECRETLY;
CRITICS ASSAIL SAFEWAY DEAL

BYLINE: Paula Dobbyn; Daily News Reporter

BODY:
...According to the American Antitrust Institute, Safeway, Albertson's, Kroger, Ahold and Wal-Mart now control about 33 percent of U.S. grocery sales, up from 19 percent just seven years ago. If the trend continues, the Washington, D.C., think-tank predicts that four or five chains will control 60 percent of supermarket sales in the country.
''It's an amazing trend that we're seeing,'' said Bob Lande, a law professor at the University of Baltimore who directs the antitrust institute. Lande said if he were an Alaskan he would be worried about how the state is handling the divestiture, especially since this is the first time it has dealt with antitrust law concerning a merger.
 
''The public has a right to be suspicious,'' Lande said.
 
q Reporter Paula Dobbyn can be reached at pdobbyn@adn.com.

BOB LANDE (58%); JULIA COSTER (58%); P J HILL (55%); 

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Copyright 1999 Anchorage Daily News  
Anchorage Daily News (Alaska)

September 4, 1999, Saturday, FINAL EDITION

SECTION: NATION, Pg. 1A

LENGTH: 750 words

HEADLINE: STORES TO SELL SECRETLY;
CRITICS ASSAIL SAFEWAY DEAL

BYLINE: Paula Dobbyn; Daily News Reporter

BODY:
...According to the American Antitrust Institute, Safeway, Albertson's, Kroger, Ahold and Wal-Mart now control about 33 percent of U.S. grocery sales, up from 19 percent just seven years ago. If the trend continues, the Washington, D.C., think-tank predicts that four or five chains will control 60 percent of supermarket sales in the country.
''It's an amazing trend that we're seeing,'' said Bob Lande, a law professor at the University of Baltimore who directs the antitrust institute. Lande said if he were an Alaskan he would be worried about how the state is handling the divestiture, especially since this is the first time it has dealt with antitrust law concerning a merger.
 
''The public has a right to be suspicious,'' Lande said.
 
q Reporter Paula Dobbyn can be reached at pdobbyn@adn.com.

BOB LANDE (58%); JULIA COSTER (58%); P J HILL (55%); 

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Copyright 1999 Elsevier Science, Inc., All Rights Reserved 

Electricity Journal 

Get text with graphics (.PDF file - 169 kb)   

May, 1999 

SECTION: Vol. 12, No. 4 

LENGTH: 5344 words 

HEADLINE: Institutional Contexts of Market Power in the Electricity Industry 

BYLINE: Albert A. Foer 

BYLINE: 
...challenge unduly concentrated power. Mr. Foer has served as an attorney at Hogan & Hartson and Jackson & Campbell, both in Washington, and as assistant director and acting deputy director of the Federal Trade Commission's Bureau of Competition. This article expands upon a lecture originally prepared for the National Rural Electric Cooperative Association. The author is indebted to the many discussions he had with Roger Boner, Charles Higley, John Hilke, Robert Lande, Lara Leibman, Richard Meyer, David Mohre, Allan Mosher, Philip Nelson, David Penn, and Wallace Tillman, among others. More information about the objectives of the institute can be found on its Web site at www.antitrustinstitute.org(www.antitrustinstitute.org).  

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Copyright 1999 Elsevier Science, Inc., All Rights Reserved 

Electricity Journal 

Get text with graphics (.PDF file - 169 kb)   

May, 1999 

SECTION: Vol. 12, No. 4 

LENGTH: 5344 words 

HEADLINE: Institutional Contexts of Market Power in the Electricity Industry 

BYLINE: Albert A. Foer 

BYLINE: 
...challenge unduly concentrated power. Mr. Foer has served as an attorney at Hogan & Hartson and Jackson & Campbell, both in Washington, and as assistant director and acting deputy director of the Federal Trade Commission's Bureau of Competition. This article expands upon a lecture originally prepared for the National Rural Electric Cooperative Association. The author is indebted to the many discussions he had with Roger Boner, Charles Higley, John Hilke, Robert Lande, Lara Leibman, Richard Meyer, David Mohre, Allan Mosher, Philip Nelson, David Penn, and Wallace Tillman, among others. More information about the objectives of the institute can be found on its Web site at www.antitrustinstitute.org(www.antitrustinstitute.org).  

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Copyright 1999 The Baltimore Sun Company  
THE BALTIMORE SUN

March 14, 1999, Sunday ,FINAL

SECTION: BUSINESS ,2D The Outlook

LENGTH: 675 words

HEADLINE: Intel's antitrust decision may be the sensible route; Microsoft's trial vs. U.S. likely helped influence company to settle case

BYLINE: Compiled by Robert Little

BODY:
 But both companies are defending themselves against charges of anti-competitiveness, and of growing too large for the public good. Have the computer industry's dominant corporations grown too powerful for the free market? And which company made the right decision? Microsoft, which opted to battle with the federal government and defend itself in court, or Intel, which negotiated with the government to avoid the consequences of a trial?
 Robert Lande
 Venable professor of law, University of Baltimore
 In the largest sense, the charges are very similar -- each company is charged with using unfair practices to protect its monopoly. But their responses are quite different, and I bet the reason they reacted differently comes down to their corporate cultures.
 Intel saw the advantages of compromising with the government so it could get this behind it and get down to the business of making microchips.
 But Microsoft is much more ...

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Copyright 1999 The Houston Chronicle Publishing Company  
The Houston Chronicle

March 09, 1999, Tuesday 3 STAR EDITION

SECTION: A; Pg. 1

LENGTH: 1125 words

HEADLINE: FTC, Intel reach tentative settlement in antitrust dispute

SOURCE: Staff

BYLINE: DAVID IVANOVICH, Houston Chronicle Washington Bureau

DATELINE: WASHINGTON

BODY:
...Baby Bills," no one was talking about the breakup of Intel.
Instead, the government was seeking a far more modest intervention: an order that would bar Intel from discriminating among its customers when providing technical data for new product development.
While the parties' decision at the eleventh hour to settle caught many observers by surprise, going to trial - as Microsoft has done - is highly unusual, and potentially dangerous.
Robert Lande, a law professor at the University of Baltimore, said a trial could have been "disastrous" for Intel if it had lost the case, since a negative decision would have exposed the company to suits from private parties.
From the government's perspective, the Intel case is quite complicated - more so than the Microsoft trial - and, therefore, harder to prove, Lande said.
Compaq - which purchased $ 2 billion worth of microprocessors from Intel in 1997 - ran afoul of its supplier ...

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Copyright 1999 Information Access Company,
a Thomson Corporation Company;
 ASAP
Copyright 1999 Ziff-Davis Publishing Company  
PC Week

March 1, 1999

SECTION: Pg. 1; ISSN: 0740-1604

IAC-ACC-NO: 53975718

LENGTH: 1345 words

HEADLINE: Day of Reckoning; Microsoft faces breakup after antitrust case; Company Business and Marketing

BYLINE: Rodger, Will; Guglielmo, Connie; Bowman, Lisa

BODY:
...so what's next?
 Few would characterize Microsoft Corp. as defenseless. But antitrust specialists who not long ago downplayed the chances that the courts would rule against the software giant are now thinking the unthinkable: The government will win its antitrust case and withstand an appeal.
 "The government has shown beyond a doubt that Microsoft has engaged in exclusionary conduct. There's absolutely no doubt about that," said University of Baltimore Professor Bob Lande, who dismissed the chance of successful appeal. "The government will win at the [U.S.] Supreme Court."

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Copyright ©  American Bar Association, 2001  
Antitrust Law Journal

Issue 1

2001

69 Antitrust L.J. 249

LENGTH: 26795 words

AUTHOR: Maurice E. Stucke Allen P. Grunes *

* Attorneys, Antitrust Division, U.S. Department of Justice. The views expressed herein are the authors' own and do not purport to reflect those of the U.S. Department of Justice. The authors invite any comments, which can be e-mailed to Maurice.Stucke@usdoj.gov and Allen.Grunes@usdoj.gov.

TEXT:
...particular importance in the Internet, broadcast television, and radio industries, where the competition extends beyond advertising prices. Consequently, the impact of a restraint or acquisition on nonprice competition is a legitimate subject for antitrust inquiry.
Recent commentary recognizes the pitfalls of focusing solely on an acquisition's impact on price, and advocates looking beyond price effects in merger analysis. Neil W. Averitt and Robert H. Lande note that, "in certain sectors of the economy--for example, high-tech or media-related industries--diversity of options may be far more important to consumers than price competition." n126 They recognize that price may be an inadequate barometer of competition in the marketplace of ideas:
 
If the owner of one communications medium were to buy another firm of the same kind, the acquisition might not concentrate the market sufficiently to threaten price competition. ...
...cannot be recreated through the normal mechanism of nonprice competition among the surviving firms; the new products would necessarily bear the editorial stamp of their common owner. This suggests that media mergers should be carefully scrutinized for loss of nonprice competition along the dimension of diversity in programming and, where that loss is sufficiently severe, that they be challenged under the Clayton Act, even if there has been no showing of harm to price competition. n127

n126 Neil W. Averitt & Robert H. Lande, Consumer Sovereignty: A Unified Theory of Antitrust and Consumer Protection Law, 65 ANTITRUST L.J. 713, 715 (1997).
n127 Id. at 752-53 (footnote omitted).
Averitt and Lande use the example of a merger from five to four in the book publishing industry. While such a merger may not lead to higher prices or fewer price options, it "might well lead to a ...

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Copyright ©  American Bar Association, 2001  
Antitrust Law Journal

Issue 2

2001

69 Antitrust L.J. 569

LENGTH: 18668 words

AUTHOR: Peter C. Carstensen *

* Professor, University of Wisconsin Law School. Earlier versions of this paper were given at Loyola University Chicago School of Law, and to the New Zealand Law and Economic Association, and at the Conference "Post Chicago Developments in Antitrust Analysis," sponsored by the European Law and Economics Association and the University of Messina (Italy). I am indebted to Andre Wright and Amber Yancey for research assistance, and to J. Robert Robertson for a very helpful, critical reading on an earlier draft of this paper.

TEXT:
...a classic, overt agreement to suppress competition. At a minimum, all that is necessary for a cartel-like effect is that there be some level of understanding--tacit or expressed--about how competition will be controlled. Such controls can take many forms, including setting the terms of competition, e.g., no price discounts, within which the rivals will operate. Lande and Marvel call these category three restraints. n30

n30 Robert Lande & Howard Marvel, The Three Types of Collusion: Fixing Prices, Rivals and Rules, 2000 WIS. L. REV. 941.
Thus, the concept of "cartelistic" should be understood broadly to encompass the full range of naked restraints--ones that only limit or eliminate competition at some level of the production or distribution process. The economic function of such restraints is to create, allocate, or exploit economic power on the part of one or more participants in the agreement. The central ...

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Copyright ©  American Bar Association, 2000  
Antitrust Law Journal

Issue 1

2000

68 Antitrust L.J. 29

LENGTH: 8547 words

AUTHOR: Jean Wegman Burns *

* Professor of Law, Brigham Young University Law School. I thank Jonathan B. Baker, William H. Page, Thomas D. Morgan, and Mark A. Cunningham for their helpful comments on an earlier draft of this essay.

TEXT:
...not be one "correct" answer to some legal questions.

n69 See supra note 64.
n70 See John J. Flynn, The "Is" and "Ought" of Vertical Restraints after Monsanto Co. v. Spray-Rite Service Co., 71 CORNELL L. REV. 1095, 1138 (1986); Eleanor M. Fox, The Modernization of Antitrust: A New Equilibrium, 66 CORNELL L. REV. 1140, 1146 (1981); Robert H. Lande, Wealth Transfers as the Original and Primary Concern of Antitrust: The Efficiency Interpretation Challenged, 34 HASTINGS L.J. 65, 68 (1982).
n71 See supra note 16.
n72 See Adams & Brock, supra note 28, at 322 (noting that "social welfare' does not depend on material goods alone. Instead it includes other aspects of life which people value and which they consider contribute to the quality of life"); ...

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Copyright ©  American Bar Association, 2000  
Antitrust Law Journal

Issue 1

2000

68 Antitrust L.J. 187

LENGTH: 7416 words

AUTHOR: Steven C. Salop *

* Professor of Economics and Law, Georgetown University Law Center. This essay builds on the analysis in Steven C. Salop, Kodak as Post-Chicago Law and Economics, CRA PERSPECTIVES, Apr. 1993. I also have benefited from two recent articles: Benjamin Klein, Market Power in Antitrust: Economic Analysis After Kodak, 3 SUP. CT. ECON. REV. 43, 72 (1993); Gregory J. Werden, Demand Elasticities in Antitrust Analysis, 66 ANTITRUST L.J. 363 (1998). I would like to acknowledge the helpful comments of Jonathan Baker, Joseph Brodley, Robin Feldman, Luke Froeb, George Hay, Alfred Kahn, Thomas Krattenmaker, Michael Riordan, Richard Taranto, Gregory Werden, and Christine Wilson.

TEXT:
...lacked market power in parts and service because an increase in the prices of those aftermarkets would be equivalent to an increase in the price of equipment. Because Kodak was assumed to lack market power in equipment, Justice Scalia concluded that it, similarly, could have no market power in parts and service. n11

n10 For an earlier treatment of a number of the ideas in this section, see Thomas G. Krattenmaker, Robert H. Lande & Steven C. Salop, Market Power and Monopoly Power in Antitrust Law, 76 GEO. L.J. 241 (1987). The market definition discussion of price-down cases there, however, is superceded to some extent by the analysis in this essay. For a general approach that is similar to the first principles approach described here, see also A. Douglas Melamed, Exclusionary Vertical Agreements, Speech Before the ABA Antitrust Section (Apr. ...

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Copyright ©  American Bar Association, 2000  
Antitrust Law Journal

Issue 1

2000

68 Antitrust L.J. 219

LENGTH: 9742 words

AUTHOR: Douglas H. Ginsburg *; Scott H. Angstreich **

* Judge, United States Court of Appeals for the District of Columbia Circuit, and Distinguished Professor of Law, George Mason University School of Law. A version of this article was presented to the 1999 Conference of the International Bar Association Section on Business Law on September 28, 1999.
** John M. Olin Fellow in Law, Georgetown University Law Center; John M. Olin Research Fellow in Law and Economics, Harvard Law School. The author would like to thank the Olin Foundation, the Georgetown University Law Center, and the Harvard Law School for institutional support.

TEXT:
...eliminate national merger review or to require member countries to bring their national merger analyses into line with the supranational standard. n33 These experiences suggest a supranational authority is quite unlikely to displace national authority over mergers.

n32 The Congress surely has the power under the Commerce Clause to eliminate the right of the states to sue under federal antitrust law as well as the authority of the states to enforce their own antitrust laws. See Robert H. Lande, When Should States Challenge Mergers: A Proposed Federal/State Balance, 35 N.Y.L. SCH. L. REV. 1047, 1050-52 & nn.24-28 (1990); cf. California v. ARC America Corp., 490 U.S. 93, 100-06 (1989) (noting the presumption against congressional preemption of an area, like antitrust, traditionally regulated by the states and holding that the Congress has not preempted state ...

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Copyright ©  American Bar Association, 2000  
Antitrust Law Journal

Issue 2

2000

68 Antitrust L.J. 429

LENGTH: 17116 words

AUTHOR: Mark R. Patterson *

* Associate Professor of Law, Fordham University School of Law. The Fordham University School of Law provided valuable financial assistance.

TEXT:
...a particular manufacturer's product. In some of the classic exclusive dealing cases, such as Standard Stations, n109 the cost of this search was not large because it was clear which retailers carried which products. But with the rise of large, multi-brand retailers, the cost of exclusion of certain brands or products can be significant. n110 Antitrust analysis has not yet developed an approach to dealing with this problem.

n108 See Neil W. Averitt & Robert H. Lande, Consumer Sovereignty: A Unified Theory of Antitrust and Consumer Protection Law, 65 ANTITRUST L.J. 713 (1997).
n109 Standard Oil Co. of Cal. v. United States, 337 U.S. 293 (1949).
n110 See supra note 99.
In part, antitrust has not focused on the consumer perspective because its focus in exclusive dealing cases has been on the excluded manufacturers. For those manufacturers also, though, ...

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Copyright ©  American Bar Association, 2000  
Antitrust Law Journal

Issue 2

2000

68 Antitrust L.J. 461

LENGTH: 22593 words

AUTHOR: Alan J. Meese *

* Professor of Law and Fellow, Institute of Bill of Rights Law, William and Mary School of Law. The author thanks Andrew Gavil for helpful comments on a previous draft. Dawn Figueiras, Christopher Channel, and Louis Campbell provided helpful research assistance. The William and Mary School of Law provided a summer research grant in partial support of this project. Felicia Burton assisted in preparation of the manuscript.

TEXT:

...21, at 330-34 (arguing that the Court should openly balance trader freedom and consumer welfare, and that failure to do so in previous decisions was disingenuous).
n49 See 1 PHILLIP AREEDA & HERBERT HOVENKAMP, ANTITRUST LAW P111 (1997); BORK, supra note 37, at 82-89; Robert H. Bork, Legislative Intent and the Policy of the Sherman Act, 9 J.L. & ECON. 7 (1966); see also Robert H. Lande, Wealth Transfers as the Original and Primary Concern of Antitrust: The Efficiency Interpretation Challenged, 34 HASTINGS L.J. 65 (1982).
n50 It should not be that these scholars did not always agree about just how to define "consumer welfare." Some equated "consumers" with society as a whole, while others equated "consumers" with "purchasers." Compare BORK, supra note 37, at 107-15 (equating consumer welfare with total social welfare); Robert H. Lande, The Rise and (Coming) Fall of Efficiency as the Ruler of Antitrust, 33 ANTITRUST BULL. 429 (1988) (equating consumer welfare with welfare of purchasers only); Lande, supra note 49 (same). Nevertheless, these scholars agreed that values, such as "trader freedom" and decentralization of power, have no independent role to play in the development of antitrust doctrine. See, e.g., 1 AREEDA & HOVENKAMP, supra note 49, P111; Lande, supra note 49, ...

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Copyright ©  American Bar Association, 2001  
Antitrust Law Journal

Issue 3

2001

68 Antitrust L.J. 711

LENGTH: 11740 words

AUTHOR: Harry First *

* Chief, Antitrust Bureau, New York State Office of the Attorney General; Professor of Law, New York University School of Law (on leave). The views expressed in this article are solely the author's and do not reflect the views of the Office of the Attorney General. I would like to thank Scott Mulligan, Matthew Gabin, and Karl Hennessee for their research assistance.

TEXT:
...together. Indeed, the effectiveness of private antitrust litigation means that a guilty plea only marks the beginning of the corporate effort to deal with past misconduct. Even if full treble damages are rarely imposed in fact (settlements tend to be closer to single damages n88), it is hard to ignore the multiplicity of payments to which U.S. law may subject cartel behavior.

n87 See supra note 13.
n88 See also Robert H. Lande, Are Antitrust "Treble" Damages Really Single Damages?, 54 OHIO ST. L.J. 115 (1993) (arguing that effective awards under the federal antitrust law's treble damages regime approximate only the actual harm suffered by the plaintiff(s)).
The second factor in international antitrust enforcement is that enforcement leadership can come from a single country. Thurman Arnold's Justice Department effectively operated as an international ...

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Copyright ©  American Bar Association, 2001  
Antitrust Law Journal

Issue 3

2001

68 Antitrust L.J. 875

LENGTH: 12648 words

AUTHOR: Robert H. Lande *

* Venable Professor of Law, University of Baltimore School of Law, and Senior Research Scholar, American Antitrust Institute. The author is grateful to Neil Averitt, Jonathan Baker, William Blumenthal, Stephen Calkins, Malcolm Coate, Mark Cunningham, Alan Fisher, Warren Grimes, Stephen Ross, Mary Lou Steptoe and, especially, to Albert Foer, for helpful suggestions, and to Kelly Phillips and Michaela Roberts for research assistance.

TEXT:
...defined the incipiency concept clearly. Nevertheless, the doctrine was born.

n5 See 15 U.S.C. §  18. For an analysis of the legislative history of the Celler-Kefauver Act on the incipiency issue, see Brown Shoe Co. v. United States, 370 U.S. 294, 316-17 (1962); LAWRENCE A. SULLIVAN & WARREN S. GRIMES, THE LAW OF ANTITRUST: AN INTEGRATED HANDBOOK 599 (2000); Robert H. Lande, Wealth Transfers As the Original and Primary Concern of Antitrust: The Efficiency View Challenged, 34 HASTINGS L.J. 65, 130-40 (1982).
n6 15 U.S.C. §  18.
n7 370 U.S. 294 (1962).
n8 The market shares were different for different categories of shoes. See id. at 347-54 (app. A, B, and C) (charting the market shares separately for women's, children's, and ...

...so a firm might want to merge to increase shareholder value.
Recently there was a prominent case that might qualify as an example. After the AOL/Time Warner merger was announced, there was intense speculation that if this merger were permitted it would lead to other large media mergers. See Hearing on the America Online/Time Warner Merger Before the Committee on Commerce, Science, and Transportation, U.S. Senate (statement of Robert H. Lande, Mar. 2, 2000). This testimony was delivered on behalf of the American Antitrust Institute and is available at http://www.antitrustinstitute.org/recent/59.cfm.
n29 See SULLIVAN & GRIMES, supra note 5, at 600.
n30 Coca-Cola later admitted that there was an internal memo suggesting that Coke make a bid for Dr Pepper in part to thwart the Pepsi/Seven-Up ...
...example, causing any efficiencies that might have been obtained from the merger instead to be achieved through contracts or in other ways, merger injunctions should be granted relatively freely.

n33 See Lande, supra note 5, at 134-35. For a discussion of Type I (stopping beneficial mergers) and II (allowing undesirable mergers) errors in a merger enforcement context, see Alan A. Fisher & Robert H. Lande, Efficiency Considerations in Merger Enforcement, 71 CAL. L. REV. 1580, 1670-77 (1983). In addition, Type III error, which includes enforcement, cost, and effects on business certainty, should also be considered. See id.
n34 Minimizing Type II error would be the incipiency doctrine; minimizing Type I error would be Chicago-school antimerger enforcement.
4. A lower probability of harm will suffice ...

...in the federal judiciary); Michael H. Koby, The Supreme Court's Declining Reliance on Legislative History: The Impact of Justice Scalia's Critique, 36 HARV. J. ON LEGIS. 369, 395 n.87 (1999) (recognizing a "long stretch of Republican appointments to the federal bench during the 1980's and early 1990's") (citations omitted).
n78 For a discussion of the relevant cases, see Robert H. Lande & James Langenfeld, From Surrogates to Stories: The Evolution of Federal Merger Policy, ANTITRUST, Spring 1997, at 5.
n79 See United States v. Baker Hughes Inc., 731 F. Supp. 3 (D.D.C. 1990), aff'd, 908 F.2d 981 (D.C. Cir. 1990).
In sum, regardless of the legislative history of the Celler-Kefauver Act, courts are reluctant to implement any version of the incipiency doctrine to the ...
...approach if they led to significant cost savings. But under a price approach, any merger leading to higher prices should be blocked. n91 The renewed vigor of current enforcement may in part reflect the enforcers' use of a price, as opposed to efficiency, standard. Despite this renewed vigor, a consumer choice-centered approach to antitrust could cause merger enforcement to become even more robust.

n88 See Robert H. Lande, The Rise and (Coming) Fall of Efficiency As the Ruler of Antitrust, 33 ANTITRUST BULL. 429, 438, 444 (1988).
n89 See, e.g., Alan A. Fisher, Frederick I. Johnson & Robert H. Lande, Price Effects of Horizontal Mergers, 77 CAL. L. REV. 777 (1989).
n90 See id. at 794-809.
n91 See id.
A consumer choice approach to antitrust arises from the observation that if one examines every type of antitrust violation, from price fixing to predation, and asks what they have in common, the answer is they all significantly restrict consumer choice. n92 Antitrust violations all significantly and artificially ...

...Photo v. Eastman Kodak, 603 F.2d 263 (2nd Cir. 1979) (labeling the crucial issue as whether "the free choice of consumers is preserved"); Butler Aviation Co. v. Civil Aeronautics Bd., 389 F.2d 517, 520 (2d Cir. 1968) (analyzing effect of corporate acquisition on consumer choice).
n95 For a more thorough discussion, see Neil W. Averitt & Robert H. Lande, Consumer Choice: The Practical Reason for Both Antitrust and Consumer Protection Law, 10 LOY. CONSUMER L. REP. 44 (1998); Neil W. Averitt & Robert H. Lande, Consumer Sovereignty: A Unified Theory of Antitrust and Consumer Protection Law, 65 ANTITRUST L.J. 713 (1997).
n96 For some of the differences between the choice and efficiency approaches to antitrust, see supra note 3. Perhaps the main difference is one of degree. Although efficiency analysis in theory accounts for nonprice aspects of consumer preferences, as a practical matter these attributes are often ignored, in ...
...on nonprice competition would be incomplete. n107

n101 433 U.S. 350 (1977).
n102 476 U.S. 447 (1986).
n103 111 F.T.C. 417 (1989), aff'd in part and rev'd in part, 955 F.2d 457 (6th Cir. 1992).
n104 435 U.S. 679 (1978).
n105 526 U.S. 756 (1999).
n106 For an analysis of each case, see Robert H. Lande & Howard P. Marvel, The Three Types of Collusion: Fixing Prices, Rivals, and Rules (unpublished draft, Aug. 24, 2000) (on file with the author).
n107 The harm to consumer welfare from artificially low consumer choice (i.e., consumers whose search costs were raised who might not find the product that was optimal for them) is a deadweight loss, not a transfer captured by the colluders.
Second, there are situations where a market is ...

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Copyright ©  American Bar Association, 2001  
Antitrust Law Journal

Issue 3

2001

68 Antitrust L.J. 925

LENGTH: 8918 words

AUTHOR: Richard A. Posner *

* Judge, U.S. Court of Appeals for the Seventh Circuit; Senior Lecturer, University of Chicago Law School. Previous versions of this essay were given as talks in New York City on September 14, 2000, at a conference on antitrust sponsored by the American Bar Association and the American Law Institute, and the next day at a meeting of the Council of Foreign Relations; at DePaul University in Chicago on September 21, 2000, as a lecture in the Distinguished Lecture Series in Finance; as a presentation at the Law and Economics Workshop of the University of Chicago Law School on October 2, 2000; as a lecture at the University of Hamburg on November 6, 2000; and as a workshop talk sponsored by the Law and Technology Program of California Institute of Technology and Loyola Law School on December 8, 2000. I thank Dennis Carlton, Frank Easterbrook, Eric Posner, William Landes, and participants at the various sessions at which the paper was given for their very helpful comments.

TEXT:
...office independent of the governor and is thus not part of the governor's administration and as a result does not receive much support from the governor in negotiating for appropriations from the legislature. In addition, in a field like antitrust, the offices of the state attorneys general are not able to scale up to anything like the level of specialization and professionalism of the Antitrust Division of the U.S. Department of Justice, with its hundreds of lawyers and economists. n19

n19 Cf. Robert H. Lande, When Should States Challenge Mergers: A Proposed Federal/State Balance, 35 N.Y. L. SCH. L. REV. 1047, 1064-66 (1990).
A possible, partial solution to the delay and cluster-bomb problems would be to empower the Justice Department to bring antitrust suits for damages by whomever suffered and to parcel out the proceeds of the suit among the victims. If the Department decided to bring a suit, private suits (and ...

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Copyright ©  American Bar Association, 2001  
Antitrust Law Journal

Issue 3

2001

68 Antitrust L.J. 945

LENGTH: 10918 words

AUTHOR: Stephen F. Ross *

* Professor of Law, University of Illinois. Special thanks to Jonathan Baker, Jan Broekman, Richard Brunell, Cory Capps, Peter Carstensen, Warren Grimes, Jay Kesan, Robert Lande, Mark Lemley, David McGowan, and Tom Ulen for helpful insights on earlier drafts, and to comments from my colleagues at a faculty workshop at the University of Illinois.

TEXT:

...disease of the commonwealth" and then construe the statute to "suppress the mischief, and advance the remedy" "according to the true intent of the makers of the Act, pro bono publico"); Jonathan Macey, Promoting Public-Regarding Legislation Through Statutory Interpretation: An Interest Group Model, 86 COLUM. L. REV. 223, 264 (1986).
n10 See Robert Pitofsky, The Political Content of Antitrust, 127 U. PA. L. REV. 1051 (1979); Robert H. Lande, Wealth Transfers as the Original and Primary Concern of Antitrust: The Efficiency Interpretation Challenged, 34 HASTINGS L.J. 65 (1982).
n11 Id.
That politicians would support antitrust legislation for the reasons stated above makes eminent sense. Members of Congress represent voters and influential pressure groups, most of whom identify themselves as consumers, workers, and those with a vested interest in small businesses. Only a minority of voters principally ...

...A. Posner, in Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution, 37 CASE W. RES. L. REV. 179 (1987), makes a contrary argument based, in large part, on his view that the importation of noneconomic goals into judge-made antitrust law would be unworkable, id. at 211, an objection that I address below. He also seems to conflate efficiency with benefiting consumers. Before Robert Lande's pathbreaking article, supra note 10, Chicago school advocates tended to conflate the analysis of Kaldor-Hicks efficient conduct that actually benefited consumers with conduct that maximized social wealth without regard to distributional consequences. Robert Bork, for example, uses the term "consumer welfare" to refer to overall societal welfare. See ROBERT BORK, THE ANTITRUST PARADOX 60 (1978). Most importantly, Judge Posner concedes that " ...
...seem like rent-seeking special-interest legislation. At the same time, the "broader" Chicago-school agenda--maximizing overall social welfare through efficiency--calls for society to tolerate practices that might, through wealth transfers and loss of consumer choice, harm the mass of voters who see themselves as consumers.

n13 For an acknowledgment of this point by a Chicago-school critic, see Robert H. Lande, The Rise and (Coming) Fall of Efficiency as the Rule of Antitrust, 33 ANTITRUST BULL. 429 (1988).
n14 See, e.g., United States v. Von's Grocery Co., 384 U.S. 270 (1966) (merger resulting in a firm with 8.9% of a market tending toward concentration unlawful) (citing United States v. Trans-Missouri Freight Ass'n, 166 U.S. 290, 323 (1897) (wrong to exclude from ...

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Copyright ©  American Bar Association, 2001  
Antitrust Law Journal

Issue 3

2001

68 Antitrust L.J. 1007

LENGTH: 7784 words

AUTHOR: Thomas B. Leary *

* Commissioner, Federal Trade Commission. This essay is based on a speech delivered at the Steptoe & Johnson 2000 Antitrust Conference, on May 18, 2000, as well as other informal discussions over the last several months. I would like to particularly acknowledge the assistance of Thomas J. Klotz, one of my attorney advisors, in the preparation of this written version, but many others have also made significant contributions. The views expressed are my own, and not necessarily shared by any other Commissioner.

TEXT:
...agreements, it might be argued that coordinated interaction is much more unlikely and, in any event, the difficulties of cartel enforcement are magnified. On the other hand, if nonprice variables are important, it might be useful to pay closer attention to possible collusive arrangements that particularly affect those variables. Agreements on some "rules of the game" might be just as significant as agreements on particular discount levels. n35

n35 See Robert H. Lande & Howard P. Marvel, The Three Types of Collusion: Fixing Prices, Rivals and Rules, 2000 WIS. L. REV. 941 (2000).
The limitless variety of individual preferences may also help to explain why some seemingly compelling economic theories do not always seem to work in the real world. For example, so-called "experience curve" theory, widely discussed in the 1980s, predicted that latecomers in some ...

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Copyright ©  American Bar Association, 1999  
Antitrust Law Journal

Issue 2

1999

67 Antitrust L.J. 243

LENGTH: 19275 words

AUTHOR: Warren S. Grimes *

* Professor, Southwestern University School of Law. The author is grateful to Thomas Eilmansberger for his insights on European franchising law.

TEXT:

...one follows the orthodox definition of market power as power to raise prices above the competitive level without losing sufficient sales to make the price increase unprofitable (see Landes & Posner, supra note 2), it follows that a seller able to discriminate in price possesses market power at least as to the group of buyers for which the seller can sustain a higher than competitive price.
n66 Robert Lande, Wealth Transfers as the Original and Primary Concern of Antitrust: The Efficiency Interpretation Challenged, 34 HASTINGS L.J. 67 (1982).
Theorists have identified a potential procompetitive effect from price discrimination: by charging users who place a high value on the product a higher price, the seller may be able to lower the price charged to users who place a lower value on the product. n67 ...

...In Chicago Board of Trade v. United States, 246 U.S. 231 (1918) (Brandeis, J.), the Court, relying in part on the improvement of market conditions in which farmers and country dealers had to buy and sell "without adequate knowledge," upheld a rule that fixed the price for certain off-hours grain trades. For an analysis of the significance of information deficiencies in Kodak, see Robert H. Lande, Chicago Takes It on the Chin: Imperfect Information Could Play a Crucial Role in the Post-Kodak World, 62 ANTITRUST L.J. 193 (1993).
n105 Warren S. Grimes, Brand Marketing, Intrabrand Competition, and the Multibrand Retailer, 64 ANTITRUST L.J. 83, 107-09 (1995) (describing potential anticompetitive effects of vertical restraints that exploit consumer information deficiencies).
n106 The 1992 Merger ...

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Copyright (c) American Bar Association, 2000  
Antitrust Law Journal

Issue 3

2000

67 Antitrust L.J. 495

LENGTH: 33198 words

AUTHOR: Stephen Calkins *

* Professor of Law, Wayne State University Law School. The author was General Counsel of the Federal Trade Commission when the case that is the subject of this article was decided and when it was successfully defended on appeal to the Ninth Circuit. However, the views expressed herein are entirely his own, have not been approved by the FTC, and do not represent the views of the FTC or any Commissioner. This article is based entirely on publicly available information and necessarily does not discuss the author's role in any of the decisions herein appraised.

TEXT:

...75 CALIF. L. REV. 893, 905-08 & nn.70-71 (1987) (merit in a market power but not a market share screen; market power should be inferable from conduct). Two of the more recent helpful contributions to thinking about these issues are C. Frederick Beckner III & Steven C. Salop, Decision Theory and Antitrust Rules, 67 ANTITRUST L.J. 41 (1999), and Robert H. Lande & Howard P. Marvel, Manipulating the Rules of Competition: A Third General Category of Collusion (unpublished manuscript on file with author).
Subsequent to the drafting of this article, the FTC and the Antitrust Division issued for comment Draft Antitrust Guidelines for Collaborations Among Competitors (Oct. 1, 1999) <http://www.ftc.gov/os/1999/9910/jointventureguidelines.htm>. Those draft Guidelines retain a prominent role ...