FOCUS - 1 of 280 DOCUMENTS

Copyright ©  2002 American Bar Association  
Antitrust Law Journal

Issue 1

2002

70 Antitrust L.J. 1

LENGTH: 32128 words

AUTHOR: Kenneth L. Glazer*

* Member of the California and District of Columbia Bars. I wish to thank Mark Cannon, Mark Cunningham, Benjamin Klein, Robby Robertson, and Jon Shepherd for helpful comments and input, and especially Jeffrey Cashdan, Ronald Davis, Alan Frankel, Jonathan Gleklen, and Jonathan Jacobson.

TEXT:
...price-cutting maverick that refuses to go along with the cartel. n33 This was the case in the recent JTC Petroleum Co. v. Piasa Motor Fuels, Inc., in which road contractors had formed a bid-rigging cartel and then, according to the plaintiff (a maverick refusing to participate in the cartel), jointly pressured asphalt suppliers not to sell to the plaintiff and to other contractors refusing to cooperate with the cartel. n34

n33 See Robert H. Lande & Howard Marvel, The Three Types of Collusion: Fixing Prices, Rivals, and Rules, 2000 WIS. L. REV. 941, 947 n.28 (2000) ("Although analytically distinct, in practice, agreements to disadvantage rivals often occur in conjunction with agreements that should be classified under classic collusion. In fact, the presence of one form of collusion could reinforce or make more likely the other form.").
n34 190 F. ...

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Copyright ©  2002 American Bar Association  
Antitrust Law Journal

Issue 1

2002

70 Antitrust L.J. 199

LENGTH: 15584 words

AUTHOR: Warren S. Grimes*

* Professor, Southwestern University School of Law.

TEXT:

...Peritz, Theory and Fact in Antitrust Doctrine: Summary Judgment Standards, Single-Brand Aftermarkets and the Clash of Microeconomic Models, ANTITRUST BULL. 887 (2000); Severin Borenstein et al., Antitrust Policy in Aftermarkets, 63 ANTITRUST L.J. 455 (1995); Gordon B. Spivack & Carolyn T. Ellis, Kodak: Enlightened Antitrust Analysis and Traditional Tying Law, 62 ANTITRUST L.J. 203 (1993); 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).
Kodak proponents will be strained to find supportive language in Microsoft III, an opinion that in many ways follows the approach of Kodak skeptics. In Microsoft III, the court refused to apply the modified per se rule that the Supreme ...

FOCUS - 3 of 280 DOCUMENTS

Copyright ©  2002 American Bar Association  
Antitrust Law Journal

Issue 2

2002

70 Antitrust L.J. 311

LENGTH: 28286 words

AUTHOR: Jonathan M. Jacobson *

* Member of the New York Bar. The author thanks the editorial staff of the Antitrust Law Journal, David Balto, Kenneth L. Glazer, David Sibley, Jonathan Gleklen, Paul Hewitt, Charles Biggio, Dave Donohoe, and Abid Qureshi for comments and encouragement, and Deborah Newman for research assistance. The author represents parties in several of the cases discussed in this article, a few of which are pending. The author's role in each case is mentioned when the case is first discussed. A prior version of this paper was given at the annual Milton Handler Lecture, Association of the Bar of the City of New York (Dec. 2001).

TEXT:
...protection of market power--the power to increase prices, reduce output, diminish quality, or significantly restrict consumer choice.

n186 See F.M. SCHERER & DAVID ROSS, INDUSTRIAL MARKET STRUCTURE AND ECONOMIC PERFORMANCE 21-29 (3d ed. 1990); 2A PHILLIP AREEDA & HERBERT HOVENKAMP, ANTITRUST LAW P502 (2d ed. 2002); BORK, supra note 102, chs. 4, 5.
n187 Compare Robert Lande, Wealth Transfers as the Original and Primary Concern of Antitrust: the Efficiency Interpretation Challenged, 34 HASTINGS L.J. 65 (1982) with BORK, supra note 175, chs. 2-6.
n188 One aspect of allocative efficiency that is considered here, and is often highly relevant in evaluating the impact of exclusionary conduct, is the social loss that arises when the resources of excluded rivals or customers are diverted from their most efficient uses. See Herbert Hovenkamp, Antitrust's ...
...nine or, under current practice, from six to five, or even five to four, are rarely challenged. n211 Using horizontal merger principles as a rough proxy, a reduction in choices from three to two would be presumptively harmful (at least for reasonably differentiated products), the loss of one choice with five or more remaining would be presumptively lawful, and cases in the middle would remain presumption free.

n209 See generally Robert H. Lande, Consumer Choice as the Ultimate Goal of Antitrust, 62 U. PITT. L. REV. 503 (2001).
n210 FTC v. H.J. Heinz Co., 246 F.3d 708, 717 (D.C. Cir. 2001).
n211 See cases cited in ABA SECTION OF ANTITRUST LAW, 2000 ANN. REV. ANTITRUST L. DEV. 92-94 (2001).
D. JUSTIFICATIONS
Exclusive dealing has fared well ...

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Copyright ©  2002 American Bar Association  
Antitrust Law Journal

Issue 2

2002

70 Antitrust L.J. 371

LENGTH: 19803 words

AUTHOR: Eleanor M. Fox *

* Eleanor M. Fox is Walter J. Derenberg Professor of Trade Regulation at New York University School of Law. The author thanks Jonathan Baker, Margaret Bloom, John Fingleton, Harry First, Jonathan Jacobson, Timothy Muris, and Robert Pitofsky for their helpful comments, and Tara Koslov for excellent editorial suggestions. She thanks, also, participants at workshops at Loyola Law School-Chicago and Max Planck Institute for helpful comments, questions, and dialogue; in particular, Joseph Bauer, Paul Brietzke, Peter Carstensen, Josef Drexl, Ulrich Ehricke, Andrew Gavil, David Gerber, Ulrich Immenga, Robert Lande, James Langenfeld, Christopher Leslie, and Spencer Weber Waller. Not all agree with the views I express. I am grateful, also, for the support of the Filomen D'Agostino and Max E. Greenberg Research Fund of New York University School of Law.

FOCUS - 5 of 280 DOCUMENTS

Copyright ©  2002 American Bar Association  
Antitrust Law Journal

Issue 2

2002

70 Antitrust L.J. 413

LENGTH: 14576 words

AUTHOR: Kevin J. O'Connor *

* Member of the Wisconsin Bar, and formerly Assistant Attorney General, Wisconsin Department of Justice, and Chair of the Multistate Antitrust Task Force, National Association of Attorneys General. I wish to thank Amber Yancey and Jeffrey Gennrich for their assistance.

TEXT:

...Parker and ARC America Corp., 68 ANTITRUST L.J. 29, 32-33 (2000) (highlighting differences in policies between the states and federal government during the 1980s but ultimately concluding that such independence strengthens the enforcement system). Even more troubling to some is the ability of states to enact anticompetitive regimes through state regulation protected by the federal state action doctrine. Id. at 36-38; Robert H. Lande, When Should States Challenge Mergers: A Proposed Federal/State Balance, 35 N.Y.U. L. Rev. 1047, 1061-66 (1990) (articulates many purported problems with concurrent merger enforcement and proposes merger federalism guidelines).
n6 See, e.g., O'Connor, supra note 5; ICPAC, supra note 1, ch. 2, at 7.
n7 See generally ICPAC, supra note 1, ch. 3, ...

FOCUS - 6 of 280 DOCUMENTS

Copyright 2003 Investor's Business Daily, Inc.  
 www.investors.com  
Investor's Business Daily

August 21, 2003 Thursday

SECTION: SECTION INTERNET & TECHNOLOGY; NATIONAL EDITION; Pg. A07

LENGTH: 830 words

HEADLINE: Oracle's Hostile Bid Under Regulatory Microscope

BYLINE: BY J. BONASIA

BODY:
...not enough major competitors, there is not enough competition."
If Oracle's plan shrinks the software market for large global customers down to just two firms, it most likely will be blocked, say experts. But if competitors are found to be viable, then Oracle may get the OK.
A third scenario would require the combined Oracle/PeopleSoft to divest certain software products that pose antitrust concerns, says Robert Lande, a law professor at the University of Baltimore.
"These in-between scenarios are harder to calculate," he said. "They could involve some other fixes, short of a complete deal-breaker."
Even if Oracle succeeds in acquiring PeopleSoft/J.D. Edwards, Germany's SAP AG will remain the clear leader for enterprise resource planning software. ERP programs run tasks for corporate finances, human resources and ...

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Copyright 2003 The Deal, L.L.C.  

Daily Deal/The Deal 

August 8, 2003 Friday 

SECTION: LAWANDREG 

LENGTH: 910 words 

HEADLINE: FTC seeks to undo Aspen deal 

BYLINE: by Jaret Seiberg in Washington 

BODY: 
...anticompetitive effects," said FTC competition bureau director Susan Creighton in discussing the case against Aspen. 
The Department of Justice also filed suit last summer to undo The MathWorks Inc.'s acquisition of licensing rights to software from Wind River Systems Inc. The case settled right before the start of a preliminary hearing when MathWorks agreed to auction off the licenses. 
University of Baltimore law school professor Robert Lande said the cases show the antitrust agencies are closely monitoring the software sector. "There is a whole wave of consolidation in high technology, and this could be a response saying it has gone too far on occasion," he said. 
The Hyprotech deal was not subject to Hart-Scott-Rodino Act pre-merger notification requirements. While the FTC's complaint does not explain why the deal was exempt, it appears that Calgary, Alberta-based Hyprotech had ...

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Copyright 2003 Gannett Company, Inc.  
USA TODAY

August 7, 2003, Thursday, FINAL EDITION

SECTION: MONEY; Pg. 2B

LENGTH: 466 words

HEADLINE: EC-Microsoft dispute may affect server software

BYLINE: Paul Davidson

BODY:
...in the U.S. antitrust case made it nearly impossible to make a dent in Microsoft's browser market share.
Still, Washington antitrust lawyer George Cary says the EC proposal "at least puts down a marker and says the ballgame is not over."
While many legal analysts expect the EC and Microsoft to reach a settlement that waters down the remedies, law professor Bob Lande of University of Baltimore believes the commission will "hang tough."

FOCUS - 9 of 280 DOCUMENTS

Copyright 2003 Minnesota Public Radio.  All Rights Reserved  
MARKETPLACE

SHOW: Marketplace (6:30 PM ET) - SYND

August 6, 2003 Wednesday

LENGTH: 392 words

HEADLINE: European regulators accuse Microsoft of unfairly dominating continental computer markets

ANCHORS: KAI RYSSDAL

REPORTERS: JOHN DIMSDALE

BODY:
...it's a challenge for multinational companies to comply with different regulations around the world.
Mr. JIM DESLER (Spokesman, Microsoft): It was initially prompted by complaints by our competitors, and we've been working with the European Commission to respond to some of these concerns.
DIMSDALE: If Europeans succeed in forcing changes in Windows, might US regulators reopen their antitrust cases against Microsoft?  University of Baltimore law Professor Bob Lande is doubtful.
Professor BOB LANDE (University of Baltimore): The states just don't have the stomach for another major battle with Microsoft, and the Department of Justice doesn't have the political will.
DIMSDALE: If Microsoft refuses the European remedies, fines could total more than $3 billion.  But Lande says that wouldn't hurt much given Microsoft's cash reserves of nearly $50 billion.  In Washington, I'm John Dimsdale for MARKETPLACE.

PERSON: 
JOHN DIMSDALE (92%); BOB LANDE (77%); JIM DESLER (62%); WILFRIED SCHNEIDER (58%); 

FOCUS - 10 of 280 DOCUMENTS 

Copyright 2003 Corporate Legal Times Corporation   
Corporate Legal Times 

August, 2003 

SECTION: 8TH CIRCUIT; Pg. 56 

LENGTH: 1186 words 

BODY: 
...card services. 
In re Visa Check/Mastermoney Antitrust Litigation, the merchants claimed they were paying an interchange fee_the charge paid by the merchants' banks to the cardholders' banks_that was 10 times more than they should have, had Visa and MasterCard not monopolized the market. When they filed the suit, the plaintiffs asked for $ 15 billion in damages. 
"But under U.S. antitrust law, all damages assessed are automatically trebled," says Bob Lande, professor of law at the University of Baltimore and the director of the American Antitrust Institute. "That would have brought the sum to $ 45 billion. That's enough to bankrupt almost any large company."
And it was a risk Visa and MasterCard were unwilling to take. In early June, the credit card companies settled the suit, agreeing to end the Honor All Cards rule as of Aug. 1 and pay $ 3.05 billion to class members_the largest antitrust sum ...

PERSON: ... BOB LANDE (88%); EILEEN SIMON (74%);  

FOCUS - 11 of 280 DOCUMENTS 

Copyright 2003 Dolan Media Newswires 

The Daily Record (Baltimore, MD) 

July 18, 2003 Friday 

SECTION: COMMENTARY 

LENGTH: 477 words 

HEADLINE: Commentary: A new future for debit cards 

BYLINE: Robert H. Lande 

BODY: 
...competition.
This is where the serious consumer benefits will arise. Many of the defendants' debit card charges are likely to fall. 
Moreover, when competition truly breaks out in the debit card market, there is no telling what wondrous choices will be provided to consumers by the invisible hand of competition. 
As eye-catching as the $3 billion settlements are, the future savings to consumers from this case are likely to be even larger, and the new choices even more important.
Robert H. Lande is a Venable professor of law at the University of Baltimore School of Law.  

FOCUS - 12 of 280 DOCUMENTS

Copyright 2003 Minnesota Public Radio.  All Rights Reserved  
MARKETPLACE MORNING REPORT

SHOW: Marketplace Morning Report (7:50 AM ET) - SYND

July 15, 2003 Tuesday

LENGTH: 212 words

HEADLINE: Boise Cascade to buy OfficeMax

ANCHORS: TESS VIGELAND

REPORTERS: RACHEL DORNHELM

BODY:
RACHEL DORNHELM reporting:
The question for government regulators is: Did this merger give Boise Cascade an unfair advantage in the paper market?  Robert Lande, director of the watchdog group the American Antitrust Institute, says probably not.  He says government regulators would only intervene if Boise Cascade already controlled most of the paper supply market and could become a monopoly.  Instead, Lande says, OfficeMax competitors may actually gain the power to put the squeeze on Boise Cascade.
Mr. ROBERT LANDE (Director, American Antitrust Institute): Will Staples and Office Depot start to buy fewer office supplies from Boise Cascade figuring Boise Cascade and OfficeMax are now the same?  Do we really want to be selling their office products?
DORNHELM: Economists say vertical mergers between a supplier and a seller can be a risky strategy.  Consumers sometimes decide a vertically merged retail chain does not offer the full ...

PERSON: 
RACHEL DORNHELM (90%); ROBERT LANDE (89%); 

FOCUS - 13 of 280 DOCUMENTS

Copyright 2003 The Chronicle Publishing Co.  
 The San Francisco Chronicle

JUNE 28, 2003, SATURDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 855 words

HEADLINE: Oracle, PeopleSoft get lawyers;

Antitrust experts brace for battle in takeover struggle

SOURCE: Chronicle Staff Writer

BYLINE: Carrie Kirby

BODY:
...look at -- they'll have lots of encouragement," said UC Berkeley economics Professor Richard Gilbert. "If they think there is a significant risk that by acquiring a package of applications that it would be easy for Oracle to subsequently exclude competition (in the database market), that could become a central issue in the case."
 Gilbert formerly served as chief economist at the Department of Justice.
 But University of Baltimore law Professor Bob Lande said the relationship between Oracle's database product and its applications would only be relevant to an antitrust case if acquiring PeopleSoft's customers would boost Oracle's share of the database market to a monopoly.
 That seems unlikely. It's not clear how much database market share Oracle could gain through a PeopleSoft acquisition, because it is impossible to forecast what percentage of PeopleSoft's customers will convert to Oracle software. Even if Oracle ...

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Copyright 2003 Knight Ridder/Tribune Business News
Copyright 2003 The Baltimore Sun, Maryland  
The Baltimore Sun, Maryland

June 27, 2003, Friday

KR-ACC-NO: BZ-MICROSOFT

LENGTH: 573 words

HEADLINE: Appeals Court Ruling Reverses Order for Java Packaging with Microsoft Windows

BYLINE: By Stacey Hirsh

BODY:
...Java. Sun argued that if the court waited until the lawsuit was settled, it would be too far behind to compete.
Motz agreed, ruling that without an injunction there was a risk that the market would "tip irretrievably in favor of .Net and drive Java into near-extinction."
But the appeals court rejected that conclusion yesterday, saying it could not find that Sun faced "immediate irreparable harm."
"The court really emphasized this is an extraordinary remedy," Bob Lande, a law professor at the University of Baltimore and a director of the American Antitrust Institute, said yesterday.
But, he said, the ruling does not indicate which company will be the final victor in the case.
Sun's case is one of several filed after Microsoft was found to have violated federal laws by monopolizing the market for operating systems that run personal computers. The Justice Department and nine states, including Maryland, ...

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Copyright 2003 The Baltimore Sun Company
All Rights Reserved  
The Baltimore Sun

June 27, 2003 Friday FINAL Edition

SECTION: BUSINESS, Pg. 1C

LENGTH: 554 words

HEADLINE: Microsoft gets favorable legal ruling on Java;
 It needn't use software during antitrust case;
 U.S. appeals court reverses judge;
 No 'immediate' harm seen to Sun Microsystems

BYLINE: Stacey Hirsh

SOURCE: SUN STAFF

BODY:
...Java.
Sun argued that if the court waited until the lawsuit was settled, it would be too far behind to compete.
Motz agreed, ruling that without an injunction there was a risk that the market would "tip irretrievably in favor of .Net and drive Java into near-extinction."
But the appeals court rejected that conclusion yesterday, saying it could not find that Sun faced "immediate irreparable harm."
"The court really emphasized this is an extraordinary remedy," Bob Lande, a law professor at the University of Baltimore and a director of the American Antitrust Institute, said yesterday.
But, he said, the ruling does not indicate which company will be the final victor in the case.
Sun's case is one of several filed after Microsoft was found to have violated federal laws by monopolizing the market for operating systems that run personal computers.
The Justice Department and nine states, including Maryland, ...

FOCUS - 16 of 280 DOCUMENTS 

Copyright 2003 The Deal, L.L.C.  

Daily Deal/The Deal 

June 10, 2003 Tuesday 

SECTION: LAWANDREG 

LENGTH: 977 words 

HEADLINE: Oracle bid faces regulatory hurdles 

BYLINE: by Jaret Seiberg in Washington 

BODY: 
...a competitor, its products and their ongoing development would reduce customer choice and product support and would leave many customers with greatly diminished options," he said. "This harm to customers is exactly what antitrust laws are intended to protect against." 
More than a half-dozen antitrust experts were unanimous in concluding that the antitrust division would conduct a detailed review of the Oracle-PeopleSoft deal. "It will get a careful look," said Robert H. Lande, a professor at the University of Baltimore law school. "No question about that." 
Much rests with PeopleSoft, which if it decides to cooperate with the government could complicate Oracle's task tenfold. Several antitrust lawyers said PeopleSoft is unlikely to comment on antitrust issues until the board decides whether to accept the Oracle offer, for once PeopleSoft deems the deal anticompetitive, it essentially precludes itself from accepting a subsequent ...

FOCUS - 17 of 280 DOCUMENTS

Copyright 2003 Denver Publishing Company  
Rocky Mountain News (Denver, CO)

June 10, 2003 Tuesday Final Edition

SECTION: BUSINESS; Pg. 1B

LENGTH: 1169 words

HEADLINE: J.D. EDWARDS FIGHTING BACK;
FIRM ASSAILS ORACLE FOR TRYING TO DISRUPT PEOPLESOFT MERGER

BYLINE: Roger Fillion, ROCKY MOUNTAIN NEWS

BODY:
...No. 2 provider of software that businesses use to run their operations, with an estimated 13 percent market share. SAP AG of Germany is No. 1, with a 35 percent slice. PeopleSoft's acquisition of J.D. Edwards would vault PeopleSoft to the No. 2 spot, pushing Oracle into the No. 3 spot. PeopleSoft's current market share is estimated at 10 percent.
Based on such market share data, Robert Lande, an antitrust expert at the University of Baltimore Law School, said regulators probably wouldn't have a problem with an Oracle takeover of PeopleSoft. "They're not going to be able to stop that," he said.
In a teleconference with reporters, Charles Phillips, an Oracle executive vice president, dismissed J.D. Edwards' antitrust charges, noting that even after buying PeopleSoft his company would still rank behind SAP.
What is ...

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Copyright 2003 Dolan Media Newswires 

The Daily Record (Baltimore, MD) 

June 6, 2003 Friday 

SECTION: COMMENTARY 

LENGTH: 522 words 

HEADLINE: Commentary: AOL/Microsoft settlement could harm consumers 

BYLINE: Robert H. Lande 

BODY: 
...encryption products because Microsoft is in the process of locking up this market.
Before the settlement, Microsoft dominated access to the Internet. 
After this settlement, Microsoft is well on its way to dominating access to multimedia content on the Internet as well. 
Consumers will have no choice but to use Microsoft's products both coming and going.
The precise terms of the settlement are private. 
The antitrust enforcers should scrutinize it carefully to determine whether it is anticompetitive.
Robert H. Lande is a Venable professor of law at the University of Baltimore School of Law.  

FOCUS - 19 of 280 DOCUMENTS

Copyright 2003 Knight Ridder/Tribune Business News
Copyright 2003 The Baltimore Sun, Maryland  
The Baltimore Sun, Maryland

May 30, 2003, Friday

KR-ACC-NO: BZ-MICROSOFT

LENGTH: 693 words

HEADLINE: Netscape, Microsoft Settle Antitrust Lawsuit

BYLINE: By Stacey Hirsh

BODY:
...pittance," said Bill Whyman, president of the Precursor Group, a technology research firm in Washington.
Whyman said the deal may be better for Microsoft than AOL, especially because AOL already has the lead with its instant messenger. So making that technology work with Microsoft's instant messenger can only help the software giant.
Also, the remedy that the two companies have agreed on does not restore competition to the browser market, said Bob Lande, a law professor at the University of Baltimore and a director of the American Antitrust Institute.
"It was pretty clear for years that Netscape was dead," Lande said. "But if there was any doubt that Netscape was dead and AOL wasn't going to pour a whole lot of money into it to battle Internet Explorer, this makes it abundantly clear."
The deal was announced after the close of markets yesterday. Shares of Microsoft closed ...

FOCUS - 20 of 280 DOCUMENTS

Copyright 2003 The Baltimore Sun Company
All Rights Reserved  
The Baltimore Sun

May 30, 2003 Friday FINAL Edition

SECTION: TELEGRAPH, Pg. 1A

LENGTH: 653 words

HEADLINE: AOL, Gates settle lawsuit;
 Microsoft to pay owner of Netscape $750 million, team up on technology;
 'A new phase of relationships';
 Experts view agreement as coup for software giant

BYLINE: Stacey Hirsh

SOURCE: SUN STAFF

BODY:
...pittance," said Bill Whyman, president of the Precursor Group, a technology research firm in Washington.
Whyman said the deal may be better for Microsoft than AOL, especially because AOL already has the lead with its instant messenger. So, making that technology work with Microsoft's instant messenger can only help the software giant.
Also, the remedy that the two companies have agreed on does not restore competition to the browser market, said Bob Lande, a law professor at the University of Baltimore and a director of the American Antitrust Institute.
"It was pretty clear for years that Netscape was dead," Lande said. "But if there was any doubt that Netscape was dead and AOL wasn't going to pour a whole lot of money into it to battle Internet Explorer, this makes it abundantly clear."
The deal was announced after the close of markets yesterday. Shares of Microsoft closed ...

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Copyright 2003 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

May 30, 2003, Friday FINAL

SECTION: BUSINESS, Pg. E1

LENGTH: 921 words

HEADLINE: MICROSOFT SETTLES BROWSER SUIT
AOL TO GET $750 MILLION, MORE ACCESS TO WINDOWS TECHNOLOGY

BYLINE: TODD BISHOP P-I reporter

BODY:
...address, and may even counteract, a basic goal of the AOL Time Warner lawsuit - to restore competition to the market for Internet browsers. Netscape, which once dominated the market, now commands less than 5 percent market share, according to several industry measures. Microsoft's Internet Explorer has gained more than 90 percent of the market.
"This will do nothing to enhance competition in the browser market," said antitrust expert Bob Lande, a law professor at the University of Baltimore.
AOL, which acquired Netscape Navigator as part of its 1999 purchase of Netscape Communications, said yesterday that the company plans to continue to maintain the Netscape browser.
Asked during yesterday's conference call whether AOL plans to "get rid of the Netscape unit," Parsons replied, "Not at this point."
Other aspects of the pact include an agreement by Microsoft to distribute AOL-branded ...

FOCUS - 22 of 280 DOCUMENTS 

Copyright 2003 Dolan Media Newswires 

The Daily Record (Baltimore, MD) 

May 16, 2003 Friday 

SECTION: NEWS 

LENGTH: 1495 words 

HEADLINE: Time runs short for Sept. 11 survivors' lawsuits 

BYLINE: Lawrence Hurley 

BODY: 
...companies and others did not extend to preventing terrorists from seizing control of the four aircraft involved and deliberately using them as weapons of mass destruction."
He also claimed that the Federal Aviation Administration had stated before the terrorist attacks that "no one had envisioned a terrorist taking control of a commercial aircraft and successfully using that aircraft as a weapon."
The airlines do not dispute that they had a duty of care to the passengers on the planes.
Torts expert Robert Lande, venable professor of law at the University of Baltimore School of Law, sides with the airlines.
He explained in an interview that an unforeseeable "crazy sequence of events" such as those that occurred on Sept. 11 can negate any duty of care the airlines might possibly have, thereby allowing a judge to dismiss any claims.
"We can't be held accountable for freak occurrences," he said.
Lande cited the seminal 1928 case of Palsgraf ...

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Copyright 2003 Daily News, L.P.  
Daily News (New York)

April 29, 2003, Tuesday SPORTS FINAL EDITION

SECTION: BUSINESS; Pg. 32

LENGTH: 445 words

HEADLINE: MASTERCARD BACKS DOWN Visa left to fight retailers' 39B anti-trust suit

BYLINE: By NANCY DILLON DAILY NEWS BUSINESS WRITER

BODY:
...raise prices further.
"If Visa and MasterCard are not stopped, it will cost American consumers more than $100 billion in excess charges this decade alone," said Lloyd Constantine, lawyer for the retailers.
The MasterCard settlement is bad news for much larger Visa, experts said.
"What plaintiffs often do is settle with the weaker defendant to put pressure on the stronger," said University of Baltimore law professor Bob Lande. "The jury might interpret it as evidence there was something there."

FOCUS - 24 of 280 DOCUMENTS

Copyright 2003 N.Y.P. Holdings, Inc. All rights reserved.  
The New York Post

April 29, 2003, Tuesday

SECTION: Metro; Pg. 031

LENGTH: 361 words

HEADLINE: MASTERCARD WILL SETTLE CHARGES IN BIG PAYOUT

BYLINE: SUZANNE KAPNER

BODY:
...publicly quantifying the damages the retailers had sought. Estimates range from $4 billion to $39 billion.
MasterCard's total bill is likely to rank among the highest antitrust settlements ever paid. It will probably be less than the $3 billion shelled out by a group of vitamin companies for fixing prices, but close to the $1nbillion doled out by Nasdaq market makers, also for price fixing, said Robert Lande - an antitrust lawyer who teaches at the University of Baltimore School of Law.
Jury selection in the Visa case was completed yesterday in Federal District Court in Brooklyn, and the jurors are to be sworn in Wednesday morning, Jarrell said.

FOCUS - 25 of 280 DOCUMENTS

Copyright 2003 The Seattle Times Company  
The Seattle Times

April 4, 2003, Friday Fourth Edition

SECTION: ROP ZONE; Business; Pg. C2

LENGTH: 546 words

HEADLINE: Fix coming to disable Explorer browser

BYLINE: James Rowley; Bloomberg News

DATELINE: Washington

BODY:
The changes may boost the use of RealNetworks RealPlayer music and video downloading software and AOL Time Warner Web browser, Netscape Navigator. RealNetworks and other rivals say they have been stymied by Microsoft's alleged failure to live up to its agreement with the U.S. Justice Department last November.
"Microsoft's strategy has been full-steam ahead, concede nothing, not change its behavior, ever," said Robert Lande, a law professor at the University of Baltimore.
Microsoft spokesman Jim Desler confirmed one change, saying the company will put a feature allowing Explorer to be disabled in a more prominent place in its Windows XP operating system.
Desler denied that the company has failed to adhere to the settlement. Microsoft agreed to change the location of the disabling function to "go the extra mile" even though the company ...

FOCUS - 26 of 280 DOCUMENTS 

Copyright 2003 Ziff Davis Media Inc.
All Rights Reserved 

 eWeek.com 

March 31, 2003 Monday 

SECTION: MICROSOFT NEWS 

LENGTH: 1694 words 

HEADLINE: No Motz vs. Motz in Microsoft Appeal ;
When the federal appeals court hears Microsoft's appeal of the ruling calling for it to ship Java with Windows, it will do so minus Judge Diana Gribbon Motz, since she's married to the judge who ruled on the case.  

BYLINE: Darryl K. Taft, darryl_taft@ziffdavis.com 

BODY: 
...court, consisting of seven Republican conservatives and five Democrats, one of which routinely votes with the conservative majority, the Fourth Circuit could be a welcome stop for Microsoft, some say. 
"Certainly that [a conservative court] would favor Microsoft more because you've got an interim remedy fashioned by a district court judge, and it's put in place before a complete trial on the merits," said Robert Lande, an antirust law expert and professor at the University of Baltimore School of Law. "That's not done all the time; in fact that is kind of unusual," Lande said. Although, he added, "I thought Sun made a very strong case." 
During the proceedings in his court, Motz told Lloyd "Rusty" Day, an attorney for Sun, during his closing remarks: "There's still something about this. ... I called ...

FOCUS - 27 of 280 DOCUMENTS

Copyright 2003 National Journal Group, Inc.  
National Journal's Technology Daily

AM Edition

March 28, 2003 Friday

LENGTH: 156 words

HEADLINE: ANTITRUST: Court Agrees To Hear Industry Appeal In Microsoft; Case

BODY:
Those associations, which include many of Microsoft's
business rivals, asked a lower-court judge in January to say she
erred in her Nov. 12, 2002, ruling that a settlement reached
between Microsoft and the Justice Department and nine states was
"in the public interest," as required by the federal Tunney Act.
The en banc status signals that the case is of great importance,
said University of Baltimore law professor Bob Lande, but he
does not believe the appeals will be successful.

FOCUS - 28 of 280 DOCUMENTS

Copyright 2003 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
San Jose Mercury News

March 28, 2003, Friday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K5928

LENGTH: 690 words

HEADLINE: Court to hear two appeals of Microsoft settlement

BYLINE: By Heather Fleming Phillips

BODY:
...lower court's rulings would be overturned.
"The fact of the matter is there's a lot of discretion with the district court judge in fashioning that remedy," said Mark Ostrau, an antitrust attorney in the Palo Alto, Calif., office of Fenwick & West. "Unless the appeals court finds some real factual errors, it's going to be a real uphill battle" for Microsoft's opponents to win.
University of Baltimore law Professor Robert Lande agreed that the chances of the states winning were "very low." He speculated that the court decided to take up the trade associations' appeal to "establish some law in the area."
Under the settlement agreement, Microsoft is required to provide competitors with detailed technical information to make competing products, such as e-mail and multimedia players, work seamlessly with its Windows operating system, which runs more than 90 percent of the world's personal computers.
The agreement requires that Microsoft ...

FOCUS - 29 of 280 DOCUMENTS

Copyright 2003 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

March 28, 2003, Friday FINAL

SECTION: BUSINESS, Pg. E1

LENGTH: 718 words

HEADLINE: WAITING NOT OVER FOR MICROSOFT
2 APPEALS IN 5-YEAR-OLD ANTITRUST CASE WILL BE HEARD

BYLINE: DAN RICHMAN P-I reporter

BODY:
...for the District of Columbia said it will hear both appeals "en banc" - that is, with the entire court sitting rather than just one or three judges, as usual - and on an expedited basis, meaning the timetable will be cut to accelerate resolution.
Those unusual provisions mean the court "thinks the appeals are pretty important - and that does give the appealing parties some basis for optimism," said University of Baltimore law professor Bob Lande.
But he said neither appeal has a good chance of success.

PERSON: 
COLLEEN KOLLAR-KOTELLY (89%); BOB LANDE (74%); 

FOCUS - 30 of 280 DOCUMENTS 

Copyright 2003 Dolan Media Newswires 

The Daily Record (Baltimore, MD) 

March 8, 2003 Saturday 

SECTION: COMMENTARY 

LENGTH: 512 words 

HEADLINE: Commentary: Media mergers, antitrust law and consumer choice 

BYLINE: Special to The Daily Record 

BODY: 
...only by ensuring that a media market contains a larger number of firms than may be required in other, more conventional markets.
This would not mean a higher bar or a different rule for media mergers. It only would mean the application, to special circumstances, of the single universal rule of antitrust. And that rule is preserving for consumers a truly competitive range of choice in the marketplace.
Robert H. Lande is a venable professor of law at the University of Baltimore School of Law.  

PERSON: ... ROBERT H LANDE (56%);  

FOCUS - 31 of 280 DOCUMENTS 

Copyright 2003 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

January 22, 2003 Wednesday FINAL Edition 

SECTION: BUSINESS, Pg. 1D 

LENGTH: 753 words 

HEADLINE: Judge tells Microsoft to include rival Java;
 Software is to be packaged with Windows after Feb. 4 

BYLINE: Stacey Hirsh 

SOURCE: SUN STAFF 

BODY: 
...Feb. 4 to include a current version of Java with its Windows operating system and Web browser.
Microsoft also must notify all customers through its update services that Java is available to them and make Java available to customers within 30 days of the time Sun delivers it to Microsoft. The judge also ordered Microsoft not to interfere with customer access to Java.
Product support for Java is Sun's responsibility, according to the order.
Bob Lande, a law professor at the University of Baltimore and a director of the American Antitrust Institute, said the order was likely to lead to more choices for consumers and encourage innovation at companies other than Microsoft.
After the packaging of Microsoft's Web browser and Windows program with Java, developers will be able to use Java to create new Windows-compatible products - from different kinds of media players to programs that send streaming ...

FOCUS - 32 of 280 DOCUMENTS

Copyright 2003 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

January 22, 2003, Wednesday FINAL

SECTION: BUSINESS, Pg. C1

LENGTH: 550 words

HEADLINE: WINDOWS MUST RUN THE LATEST JAVA
MICROSOFT SAYS IT WILL COMPLY WITH JUDGE'S ORDER DURING APPEAL

SOURCE: P-I STAFF AND NEWS SERVICES

BODY:
...system.
Users may run into Java without knowing it when they visit Web sites that feature games or other applications.
Sun argues in its lawsuit that Microsoft has gained an unfair advantage by shipping Windows with an outdated version of Java that's inconsistent for its users.
Cullinan, Microsoft's lead project manager for the Windows Team, described the changes needed to comply as "an enormous engineering effort."
Robert Lande, a director of the American Antitrust Institute in Washington, D.C., said the judge's order could allow thousands of entrepreneurs to write programs that are Windows compatible.
"At a minimum, it'll lead to many more choices for consumers," said Lande, who also is a law professor at the University of Baltimore.
"That is a given. It could even lead to a lessening of Microsoft's monopoly power in certain key ...

FOCUS - 33 of 280 DOCUMENTS

Copyright 2003 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

January 14, 2003, Tuesday FINAL

SECTION: BUSINESS, Pg. D1

LENGTH: 530 words

HEADLINE: INDUSTRY GROUPS PLANNING TO APPEAL MICROSOFT RULINGS

BYLINE: DAN RICHMAN P-I reporter

BODY:
...antitrust cases pending, with trial dates in 2004. And the European Union has an investigation under way.
The settlement Kollar-Kotelly approved requires Microsoft to give computer makers freedom to promote rival products on PCs and to pay $25 million in attorneys' fees.
Her opinion is more than 500 pages long and extremely detailed.
Kollar-Kotelly's ruling is so closely reasoned that it is "virtually bulletproof," Bob Lande, an antitrust professor at the University of Baltimore, said in an earlier interview.P-I reporter Dan Richman can be reached at 206-448-8032 or danrichman§ seattlepi.com

FOCUS - 34 of 280 DOCUMENTS

Copyright 2002 The Deal L.L.C.  
Corporate Control Alert

December 23, 2002 Monday

SECTION: FEATURE

LENGTH: 795 words

HEADLINE: Trying to take apart Chicago Bridge

BYLINE: Jaret Seiberg

BODY:
...handle mergers in scores of other industries, particularly in defense, where contracts for major weapons systems are infrequently bid.
A decision might also offer guidance on several other issues. A Chicago Bridge victory will make it easier for other domestic producers to use the foreign competition threat as a reason to consolidate an industry to one U.S. manufacturer, said Robert Lande, a University of Baltimore Law School professor. "If they allow a two-to-one merger on the theory that foreign companies might be able to come in, then that would be a big deal," he said.
The case could provide guidance on how to evaluate the competitiveness of foreign firms, says Willie L. Hudgins Jr., a partner at Collier Shannon Scott in Washington. "The issue for the court is how viable are the ...

FOCUS - 35 of 280 DOCUMENTS

Copyright 2002 The Deal L.L.C.  
Corporate Control Alert

December 23, 2002 Monday

SECTION: FEATURE

LENGTH: 795 words

HEADLINE: Trying to take apart Chicago Bridge

BYLINE: Jaret Seiberg

BODY:
...handle mergers in scores of other industries, particularly in defense, where contracts for major weapons systems are infrequently bid.
A decision might also offer guidance on several other issues. A Chicago Bridge victory will make it easier for other domestic producers to use the foreign competition threat as a reason to consolidate an industry to one U.S. manufacturer, said Robert Lande, a University of Baltimore Law School professor. "If they allow a two-to-one merger on the theory that foreign companies might be able to come in, then that would be a big deal," he said.
The case could provide guidance on how to evaluate the competitiveness of foreign firms, says Willie L. Hudgins Jr., a partner at Collier Shannon Scott in Washington. "The issue for the court is how viable are the ...

FOCUS - 36 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

December 3, 2002, Tuesday FINAL

SECTION: BUSINESS, Pg. D1

LENGTH: 482 words

HEADLINE: TWO LEFT IN FIGHT AGAINST MICROSOFT
WEST VIRGINIA, MASS. TO ARGUE JUDGE'S ANTITRUST DECISION

SOURCE: P-I STAFF AND NEWS SERVICES

BODY:
...settlement.
Legal experts say the two hold-out states face an uphill fight in trying to persuade the judge to reopen the case. The appeal represents "the triumph of politics over law," said Ernest Gellhorn, an antitrust expert at George Mason University.
Kollar-Kotelly's opinion is more than 500 pages long and extremely detailed. It is so closely reasoned that it is "virtually bulletproof,"  Bob Lande, an antitrust professor at the University of Baltimore, said in an earlier interview.
Microsoft said Friday that it will pay $25 million in legal reimbursements to be divided among those seven states based on how much they spent on the antitrust case. California has borne the brunt of legal costs. But the company indicated it might challenge any requests for lawyers' reimbursements ...

FOCUS - 37 of 280 DOCUMENTS

Copyright 2002 The Deal L.L.C.  
Corporate Control Alert

November 23, 2002 Saturday

SECTION: DEAL NOTES

LENGTH: 721 words

HEADLINE: James heads to ChevronTexaco

BYLINE: Jaret Seiberg

BODY:
...real problem that impeded enforcement."
James may best be remembered for his decision to settle the Microsoft Corp. litigation shortly after a federal appeals court ruled the software giant was a monopolist. The court also struck down large portions of the government's case, including a lower court's decision to break Microsoft in half to remedy its anticompetitive conduct.
"He will always be known for Microsoft," said Robert Lande, a professor at the University of Baltimore law school and a director at the American Antitrust Institute. "If you are on my side of the fence, you'll consider him to have sold out the public interest. He just gave them a slap on the wrist. He will be defending that for the rest of his career."
James said the case was resolved on its merits. The appeals court seriously weakened the government's hand, making the settlement the best option to ...

FOCUS - 38 of 280 DOCUMENTS

Copyright 2002 The Deal L.L.C.  
Corporate Control Alert

November 23, 2002 Saturday

SECTION: FEATURE

LENGTH: 1220 words

HEADLINE: Consolidation cruise in Washington

BYLINE: Jaret Seiberg

BODY:
...deals giving one company more than 35% of a given market are anticompetitive. Merging companies may rebut this notion by proving that the deal will not raise prices despite market concentration. Antitrust agencies have historically been reluctant to clear mergers resulting in high market shares unless there are few barriers to entry by new rivals or one of the merging companies is about to go out of business.
Robert Lande, a professor at the University of Baltimore law school and director of the American Antitrust Institute, said Muris has essentially lowered the standard-of-proof for rebutting high market shares. "There is very little left of the presumption at the Federal Trade Commission" said Lande.
Commissioners Sheila Anthony and Mozelle Thompson dissented from the decision. They argue that neither company could rebut the presumption that the merger will result in a contraction of future ...

FOCUS - 39 of 280 DOCUMENTS

Copyright 2002 Globe Newspaper Company  
The Boston Globe

November 12, 2002, Tuesday ,THIRD EDITION

SECTION: BUSINESS; Pg. D1

LENGTH: 811 words

HEADLINE: LEGAL BILLS FIGURE IN DECISION BY STATES ON MICROSOFT SUIT

BYLINE: By Ross Kerber, Globe Staff

BODY:
...any payments unless they are tied to a broader settlement of the states' legal action.
"I'd be very surprised to see them writing a check," said Michelle Miller, an antitrust specialist at Hale and Dorr in Boston. Technically, states are entitled to costs related to legal matters on which they prevailed.
But "exactly what the states prevailed on, I suspect, will be the subject of intense argument by Microsoft," said Bob Lande, an antitrust specialist at the University of Baltimore law school. "They could go through any bill and object, and try to nickel-and-dime down any fee."
On the other hand, Lande said, the states have on their side the strong precedent of a case in the late 1980s in which a jury found the National Football League had maintained monopoly power over professional football. The plaintiff was the defunct US ...

FOCUS - 40 of 280 DOCUMENTS

Copyright 2002 Computerworld, Inc.  
Computerworld

November 11, 2002

SECTION: NEWS - HIGH; Pg. 7

LENGTH: 634 words

HEADLINE: Users Weigh Impact Of Microsoft Case;
Many IT managers uncertain decision will bring changes

BYLINE: Patrick Thibodeau

BODY:
...it could last another year at least. The state attorneys general were occupied with re-election last week, and no decision has been made on an appeal, said Bob Brammer, a spokesman for Attorney General Tom Miller of Iowa, one of the nonsettling states.
Legal experts say an appeal would be difficult. Appeals courts tend to give a lot of deference to trial judges, said Robert Lande, a University of Baltimore law professor, who said the decision is "close to appeal-proof."
But that's not to say that the nonsettling states don't have grounds. The states could argue that in limiting her remedies, Kollar-Kotelly misread last year's Court of Appeals decision that upheld a lower court's finding that Microsoft had illegally maintained its operating system monopoly.
"She has let them off the hook from some of the more substantial liability findings, and ...

FOCUS - 41 of 280 DOCUMENTS

Copyright 2002 The Deal L.L.C.  
Daily Deal (New York, NY)

November 9, 2002 Saturday

SECTION: RULES OF THE ROAD

LENGTH: 1214 words

HEADLINE: Chiming in on EchoStar

BYLINE: by Jaret Seiberg

BODY:
...saga.
The judge essentially approved the settlement between Microsoft and the Justice Department's antitrust division despite objections of nine states and the District of Columbia, which demanded more stringent restrictions on the software giant's conduct.
She concluded that remedies sought by the dissenting states -  primarily consisting of greater access to Microsoft internal source codes and other confidential data would benefit other technology companies rather than restore lost competition.
Robert Lande, a professor at the University of Baltimore law school who has supported the states, said the judge essentially concluded that the attorneys general were in the pockets of Microsoft rivals. She also decided that the Department of Justice is due great deference on its analysis of the remedy.
"If you marry the concept of deference to the Department of Justice and skepticism of the states as tools of the competitors, then that ends the case," Lande said. "You have no credibility."
Lande said he expects companies seeking to defeat ...

FOCUS - 42 of 280 DOCUMENTS

Copyright 2002 Agence France Presse  
Agence France Presse

November 4, 2002 Monday

SECTION: Financial Pages

LENGTH: 631 words

HEADLINE: Microsoft shares surge after antitrust ruling

DATELINE: NEW YORK, Nov 4

BODY:
...Microsoft to alter its business conduct. This is probably beyond its wildest expectations. This is a galaxy away from the breakup ordered" two years ago.
Some analysts said the administration of President George W. Bush caused the case to collapse by backing away from a tougher remedy after an appeals court send the matter back to the lower court.
"The Bush administration handed Microsoft an amazing victory," said Robert Lande, a professor at the University of Baltimore Law School.
"It's as if the appeals court gave consumers a dollar and the Bush administration negotiated away 90 cents of that dollar and the states were trying to get some of that 90 cents back."
After the Bush administration decision, Lande said Kollar-Kotelly would have had an uphill battle imposing a tougher settlement.
"She didn't have the guts to do it," he said. "She did the easy thing; she just ...

FOCUS - 43 of 280 DOCUMENTS

Copyright 2002 NLP IP Company - American Lawyer Media
All Rights Reserved.  
The Legal Intelligencer

November 4, 2002, Monday

SECTION: NATIONAL NEWS; Vol. 227; No. 89; Pg. 4

LENGTH: 797 words

HEADLINE: Settlement OK'd In Microsoft Case

BYLINE: By TED BRIDIS
Associated Press Writer

BODY:
...Connecticut Attorney General Richard Blumenthal.
Iowa Attorney General Tom Miller said, We look forward to further involvement, further proceedings in this case.''
Sen. Herbert Kohl, D-Wis., chairman of the Senate Judiciary Committee's antitrust panel, said that while the Justice Department settlement had shortcomings, the time for arguing the merits of the settlement at the trial court has passed.''
But University of Baltimore law professor Robert Lande said the case might not be resolved for another two years.''
Microsoft and the government had argued that the settlement they secretly crafted one year ago was sufficient. The agreement, which would last at least five years: prevents Microsoft from participating in exclusive deals that could hurt competitors; requires uniform contract terms for computer manufacturers; allows manufacturers and customers to remove icons for some Microsoft features; and requires ...

FOCUS - 44 of 280 DOCUMENTS

Copyright 2002 Blethen Maine Newspapers, Inc.  
Portland Press Herald (Maine)

November 4, 2002 Monday, FINAL Edition

SECTION: EDITORIAL; Pg. 10A

LENGTH: 364 words

HEADLINE: Settlement still won't resolve Microsoft case;
The government did not ask enough from the software giant, so the fight will go on.

BODY:
The battle over the Microsoft antitrust suit was not finished Friday by the decision of U.S. District Court Judge Colleen Kollar-Kotelly to accept most of a settlement reached between the government and the world's biggest software company. With appeals likely, Kollar-Kotelly's ruling all but assured that the 4-year-old case could drag out for another year or two, or as University of Baltimore Law Professor Robert Lande said, "No one should count their winnings yet."
At stake are the same issues that first led Clinton administration prosecutors to file charges against Microsoft: Company practices such as exclusive deals with computer manufacturers and a monopolistic control of basic codes have snuffed out competition and made Microsoft the only option for many consumers. Even though some of those practices would be banned under the settlement, the company that was built on them would ...

FOCUS - 45 of 280 DOCUMENTS

Copyright 2002 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

November 3, 2002 Sunday  Home Edition

SECTION: Main News Main News; Part 1; Page 1; National Desk

LENGTH: 1691 words

HEADLINE: NEWS ANALYSIS;
Microsoft Learned to Play Along;
During the four-year antitrust suit, the software giant got;
smarter about politics and polished its approach in court.

BYLINE: Joseph Menn and Jube Shiver Jr., Times Staff Writers

BODY:
...Kollar-Kotelly chastised both sides during the 32-day trial, Microsoft benefited from her keeping the trial focused on narrow antitrust issues. And with scant experience in technology and antitrust cases, she seemed reluctant to stake out territory in fields with which she was unfamiliar.
"It would take a judge with a lot of self-confidence to go against the Justice Department, which has great expertise in antitrust matters," said Robert Lande, a law professor at the University of Baltimore. "But here you have a judge with no antitrust experience and no technology experience... It's asking a lot to have her stick her neck out."

FOCUS - 46 of 280 DOCUMENTS

Copyright 2002 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

November 3, 2002 Sunday  Home Edition

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

LENGTH: 1243 words

HEADLINE: THE MICROSOFT DECISION;
Jury Is Still Out on Judge's Performance;
Her ruling in the landmark antitrust case could propel;
Colleen Kollar-Kotelly to legal stardom -- or infamy.

BYLINE: Jube Shiver Jr., Times Staff Writer

DATELINE: WASHINGTON

BODY:
...career handling routine murder and drug cases, along with an occasional business spat or government agency dispute.
Her role in the Microsoft trial, some experts say, could propel her to legal stardom -- or infamy -- once analysts have a chance to fully digest her 344-page ruling.
If it is seen as "a well-reasoned decision that resolves a case that has defied solution by others, that would enhance her stature," said Robert H. Lande, a law professor at the University of Baltimore.
Some experts aligned with Microsoft foes wasted little time blasting the decision. Former Supreme Court nominee Robert H. Bork predicted it would be overturned on appeal.
Kollar-Kotelly's ruling represents "a substantial abandonment of antitrust law as it applies to one of the most important industries in America," said Bork, who is now an ...

FOCUS - 47 of 280 DOCUMENTS

Copyright 2002 Agence France Presse  
Agence France Presse

November 2, 2002 Saturday

SECTION: Domestic, non-Washington, General News

LENGTH: 648 words

HEADLINE: Ruling lifts cloud over Microsoft, but leaves rivals fuming

BYLINE: ROB LEVER

DATELINE: WASHINGTON, Nov 1

BODY:
...Bush "surrendered to Microsoft."
"The word has gone forth from the Bush administration to countless would-be dreamers and tinkerers: we will not protect you when monopolists like Microsoft set out to crush you," Pettit said. "It may take a decade to understand just how shortsighted today's decision is."
He added, "I shudder to think of what this portends for the industry, which is now almost totally regulated by the most powerful monopolist in history."
Bob Lande, a University of Baltimore law professor, said the decision was "virtually total victory" for Microsoft, and that the case is likely "99 percent over" in the United States.
But he noted that Microsoft still faces a European Commission inquiry that could throw a wrench into company plans.
Rob Enderle of Giga Information Group called the ruling a "clear win for Microsoft" but also maintained that it would be "neutral or ...

FOCUS - 48 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

The Argus (Fremont, CA) 

November 2, 2002 Saturday 

SECTION: HEADLINE NEWS 

LENGTH: 929 words 

HEADLINE: Judge OKs antitrust settlement;
Court accepts almost all 

BYLINE: By Stacey Hirsh and Robert Little 

DATELINE: WASHINGTON 

BODY: 
...settlement between the software giant and the federal and state governments that charged it with violating antitrust laws. 
U.S. District Judge Colleen Kollar-Kotelly adjusted dates and other parts of the proposed settlement, but did not adopt broad modifications or impose tougher limitations wanted by the nine states that did not settle with Microsoft Chairman Bill Gates. 
"It's basically a virtually complete Microsoft victory," said Bob Lande, a law professor at the University of Balti-
more and director of the American Antitrust Institute. 
Microsoft was found to have violated federal antitrust laws by monopolizing the market for operating systems that run personal computers. The Justice Department and nine states had agreed to a proposed settlement with the software giant, and Kollar-Kotelly was charged with reviewing the agreement.  

FOCUS - 49 of 280 DOCUMENTS 

Copyright 2002 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

November 2, 2002 Saturday FINAL Edition 

SECTION: TELEGRAPH, Pg. 1A 

LENGTH: 1312 words 

HEADLINE: Judge rules for Microsoft in settlement;
 Antitrust case ends without tougher limits;
 Critics complain of loopholes;
 Analysts call decision a victory for company 

BYLINE: Stacey Hirsh and Robert Little 

SOURCE: SUN STAFF 

BODY: 
...proposed settlement between the software giant and the federal and state governments that charged it with violating antitrust laws.
U.S. District Judge Colleen Kollar-Kotelly tweaked dates and other parts of the proposed settlement but did not adopt broad modifications or impose tougher limitations wanted by nine states and the District of Columbia, which did not settle with Microsoft.
"It's basically a virtually complete Microsoft victory," agreed Bob Lande, a law professor at the University of Baltimore and director of the American Antitrust Institute.
Microsoft was found to have violated federal antitrust laws by monopolizing the market for operating systems that run personal computers. The Justice Department and nine states, including Maryland, had agreed to a proposed settlement with the software giant, and Kollar-Kotelly was charged with reviewing the agreement.  

FOCUS - 50 of 280 DOCUMENTS

Copyright 2002 Charleston Newspapers  
Charleston Daily Mail (West Virginia)

November 2, 2002, Saturday

SECTION: News; Pg. P7C

LENGTH: 1016 words

HEADLINE: Microsoft unscathed by antitrust suit Answers to giant's dominance come too late to stem tide

BODY:
Technology executives and analysts said the prosecution of the most important antitrust case in a generation has done almost no discernible harm to Microsoft.
"We've seen the future, it's Microsoft," said Bob Lande, a law professor at the University of Baltimore, who characterized the decision as "either a total victory for Microsoft or close to it."
That's because the remedies ordered by Kollar-Kotelly come too late to weaken Microsoft's dominance in personal computers, and they won't slow the company's drive into a range of new markets. Kollar-Kotelly's order excludes software for hand-held devices, television set-top ...

FOCUS - 51 of 280 DOCUMENTS

Copyright 2002 Chicago Tribune Company  
Chicago Tribune

November 2, 2002 Saturday, NORTH FINAL EDITION

SECTION: News; Pg. 1; ZONE: N

LENGTH: 1056 words

HEADLINE: Microsoft antitrust settlement upheld

BYLINE: By Frank James, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...giant softwaremaker.
The contracts limited those companies from readily providing most of their customers with alternatives to Microsoft's Internet browser.
The appeals court also found Microsoft guilty of using its monopoly powerto intimidate Intel Corp., the huge maker of computer-processor chips, from developing software that was a potential threat to the continued dominance of Microsoft's Windows operating system.
Settlement questioned
"The Bush administration handed Microsoft an amazing victory," said Robert Lande, a professor who specializes in antitrust law at the University of Baltimore law school. Lande faulted the administration for negotiating what he believed was a weak settlement.
"It's as if the appeals court gave consumers a dollar, and the Bush administration negotiated away 90 cents of that dollar, and the states were trying to get some of that 90 cents back."
Lande said it would have taken backbone for the judge to make the ...

FOCUS - 52 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

The Daily Review (Hayward, CA) 

November 2, 2002 Saturday 

SECTION: HEADLINE NEWS 

LENGTH: 965 words 

HEADLINE: Judge OKs company's clear win;
Proposed settlement with federal government is left largely intact 

BYLINE: By Stacey Hirsh 

DATELINE: WASHINGTON 

BODY: 
...settlement between the software giant and the federal and state governments that charged it with violating antitrust laws.
U.S. District Judge Colleen Kollar-Kotelly tweaked dates and other parts of the proposed settlement, but did not adopt broad modifications or impose tougher limitations wanted by the nine states that did not settle with Microsoft Chairman Bill Gates. 
"It's basically a virtually complete Microsoft victory," said Bob Lande, a law professor at the University of Baltimore and director of the American Antitrust Institute. 
Microsoft was found to have violated federal antitrust laws by monopolizing the market for operating systems that run personal computers. The Justice Department and nine states had agreed to a proposed settlement with the software giant, and Kollar-Kotelly was charged with reviewing the agreement.  

FOCUS - 53 of 280 DOCUMENTS

Copyright 2002 Daily News, L.P.  
Daily News (New York)

November 2, 2002, Saturday SPORTS FINAL EDITION

SECTION: BUSINESS; Pg. 19

LENGTH: 456 words

HEADLINE: MICROSOFT'S THE WINNER Court ends 4-year battle, stock surges after the bell

BYLINE: By NANCY DILLON DAILY NEWS BUSINESS WRITER

BODY:
...D.C. "You can always appeal, but the chance of success is very low."
Minutes after the 4:30 p.m. ruling, the head of Microsoft's law firm, Rodgin Cohen of Sullivan & Cromwell, e-mailed his employees saying "congratulations on this stupendous victory."
In a statement, Microsoft said it was "pleased" with the outcome.
"This is virtually a complete Microsoft victory. And that's bad news for market rivals and consumer choice," said Bob Lande, a professor and antitrust expert at the University of Baltimore School of Law.
"The future is Microsoft," he said. "If you want a product other than Microsoft, life is going to be a lot more difficult."
Microsoft's legal saga began in May 1998, when the Justice Department and 20 state attorneys general sued the company claiming it illegally stifled competition and strong-armed PC makers into favoring its Web browsing ...

FOCUS - 54 of 280 DOCUMENTS

Copyright 2002 The Deseret News Publishing Co.  
Deseret News (Salt Lake City, Utah)

November 2, 2002, Saturday

SECTION: WIRE; Pg. A06

LENGTH: 527 words

HEADLINE: Settlement elicits a muted reaction

BYLINE: By Bob Porterfield Associated Press writer

BODY:
U.S. District Judge Colleen Kollar-Kotelly approved most of the provisions of the antitrust settlement between the Justice Department and the Redmond, Wash.-based technology powerhouse.
"We've seen the future, it's Microsoft," said Bob Lande, a law professor at the University of Baltimore, who characterized the decision as "either a total victory for Microsoft or close to it."
Microsoft was found to have violated antitrust laws, illegally maintaining its monopoly over computer operating systems by strong-arming competitors.
Some of the consumers shopping at Fry's Electronics in San Jose, a popular computer store in the heart of Silicon Valley, also were ...

FOCUS - 55 of 280 DOCUMENTS

Copyright 2002 Toronto Star Newspapers, Ltd.  
Hamilton Spectator (Ontario, Canada)

November 2, 2002 Saturday Final Edition

SECTION: BUSINESS; Pg. B01

LENGTH: 506 words

HEADLINE: Microsoft antitrust settlement approved

BYLINE: D. Ian Hopper

DATELINE: WASHINGTON

BODY:
...eliminates the establishment of a technical committee to assess Microsoft's compliance with the agreement. In its place, a corporate compliance committee -- consisting of Microsoft board members -- will make sure Microsoft lives up to the deal, the judge said.
Appeals are likely in a complicated case that has already lasted four years.
"It might not be resolved for another two years," University of Baltimore law professor Robert Lande said.
Microsoft was found to have violated antitrust laws, illegally maintaining its monopoly over computer software operating systems by strong-arming competitors. But an appeals court threw out a previous order that would break the company in two, leaving Kollar-Kotelly to decide how Microsoft should be punished.
The settlement prevents Microsoft from participating in exclusive deals that could hurt competitors; requires uniform contract ...

FOCUS - 56 of 280 DOCUMENTS

Copyright 2002 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

November 2, 2002 Saturday  Home Edition

SECTION: Main News Main News; Part 1; Page 1; Business Desk

LENGTH: 2280 words

HEADLINE: The Nation;
THE MICROSOFT DECISION;
Microsoft Wins Major Points in Antitrust Settlement Ruling;
Judge's decision frees the software giant from newsanctions. Bill Gates calls it a milestone, but California, otherstates express disappointment.

BYLINE: Joseph Menn and Jube Shiver Jr., Times Staff Writers

DATELINE: WASHINGTON

BODY:
...responsible for implementing each provision of this remedial decree."
U.S. District Judge Colleen Kollar-Kotelly
"The court's decision is a major victory for consumers and businesses who can immediately take advantage of the final judgment's provisions."
Atty. Gen. John Ashcroft
"It might not be resolved for another two years. No one should count their winnings yet."
University of Baltimore law professor Robert Lande
"This ruling allows Microsoft to be a capitalist company and compete in new markets, where they have a right to be competitive."
Heather O'Loughlin, analyst at State Street Global Advisors, one of Microsoft's largest shareholders
"Microsoft lost every battle and they won the war. The lesson everyone learned here is just stay out of Microsoft's way."
Shane Greenstein, technology business professor at the Kellogg Graduate School of Management at ...

FOCUS - 57 of 280 DOCUMENTS

Copyright 2002 Post-Newsweek Business Information, Inc.  
Newsbytes

November 2, 2002, Saturday

LENGTH: 984 words

HEADLINE: Microsoft Ruling a Blow to States' Case

BYLINE: Carrie Johnson; Washington Post Staff Writer

DATELINE: United States

BODY:
...expertise, and antitrust is not one of them," said Robert W. Hahn, director of the American Enterprise Institute-Brookings Joint Center for Regulatory Studies.
The trend in Europe over the past dozen years, for instance, is to shuttle big cases to central antitrust authorities.
"Does it make sense for my little home state of Maryland to have more power than France?" asked University of Baltimore law professor Robert H. Lande. "That's not the system we've chosen. But once you give someone that power it's very hard to take away."
Federal appeals court Judge Richard A. Posner, who was brought in to mediate the dispute in 1999, cited dissension among the states as the reason his settlement efforts failed. It's not surprising that some states have parted ways during the lengthy case, experts said, because Microsoft's economic impact is ...

FOCUS - 58 of 280 DOCUMENTS

Copyright 2002 Sentinel Communications Co.  
Orlando Sentinel (Florida)

November 2, 2002 Saturday, CENTRAL FLORIDA

SECTION: A SECTION; Pg. A1

LENGTH: 985 words

HEADLINE: JUDGE UPHOLDS FEDERAL MICROSOFT SETTLEMENT;
RULING A 'COMPLETE VICTORY' FOR COMPANY, EXPERT SAYS

BYLINE: Stacey Hirsh and Robert Little, Business Reporters

BODY:
"It's basically a virtually complete Microsoft victory," said Bob Lande, a law professor at the University of Baltimore and director of the American Antitrust Institute.
Microsoft was found to have violated federal antitrust laws by monopolizing the market for operating systems that run personal computers. The Justice Department and nine states had agreed to a proposed settlement with the software giant, and Kollar-Kotelly was charged with reviewing the agreement.
The settlement required Microsoft to allow consumers and computer manufacturers to add icons for ...

FOCUS - 59 of 280 DOCUMENTS

Copyright 2002 P.G. Publishing Co.  
Pittsburgh Post-Gazette (Pennsylvania)

November 2, 2002 Saturday SOONER EDITION

SECTION: NATIONAL, Pg.A-6

LENGTH: 634 words

HEADLINE: JUDGE ACCEPTS DEAL SEEN AS MICROSOFT WIN

BYLINE: STACEY HIRSH AND ROBERT LITTLE, THE BALTIMORE SUN

DATELINE: WASHINGTON

BODY:
...between the software giant and the federal and state governments that charged it with violating antitrust laws.
 U.S. District Judge Colleen Kollar-Kotelly tweaked dates and other parts of the proposed settlement, but did not adopt broad modifications or impose tougher limitations wanted by the nine states that did not settle with Microsoft.
 "It's basically a virtually complete Microsoft victory," said University of Baltimore law professor Bob Lande, director of the American Antitrust Institute.

FOCUS - 60 of 280 DOCUMENTS

Copyright 2002 Toronto Star Newspapers, Ltd.  
The Record (Kitchener-Waterloo, Ontario)

November 2, 2002 Saturday Final Edition

SECTION: BUSINESS; Pg. F1

LENGTH: 255 words

HEADLINE: Court sanctions settle Microsoft antitrust case

DATELINE: WASHINGTON

BODY:
...eliminates the establishment of a technical committee to assess Microsoft's compliance with the agreement. In its place, a corporate compliance committee -- consisting of Microsoft board members -- will make sure Microsoft lives up to the deal, the judge said.
Appeals are likely in a complicated case that has already lasted four years. "It might not be resolved for another two years," University of Baltimore law professor Robert Lande said. "No one should count their winnings yet."

FOCUS - 61 of 280 DOCUMENTS

Copyright 2002 Bergen Record Corporation  
The Record (Bergen County, NJ)

November 2, 2002 Saturday All Editions

SECTION: NEWS; Pg. A01

LENGTH: 1286 words

HEADLINE: Judge OKs Microsoft antitrust settlement;
Decision a huge victory for software giant, Gates

BYLINE: TED BRIDIS, THE ASSOCIATED PRESS

BODY:
...board members who aren't Microsoft employees - will make sure the company lives up to the deal. The judge also gave herself more oversight authority.
Sen. Herbert Kohl, D-Wis., chairman of the Senate Judiciary Committee's antitrust panel, said that although the Justice Department settlement had shortcomings, "the time for arguing the merits of the settlement at the trial court has passed."
But University of Baltimore law professor Robert Lande said the case "might not be resolved for another two years."
Microsoft and the government had argued that the settlement they secretly crafted one year ago was sufficient. The agreement, which would last at least five years:
*-Prevents Microsoft from participating in exclusive deals that could hurt competitors;
*-Requires uniform contract terms for computer manufacturers;
*-Allows manufacturers and customers to remove icons for some Microsoft features;
*-Requires ...

FOCUS - 62 of 280 DOCUMENTS

Copyright 2002 The Chronicle Publishing Co.  
 The San Francisco Chronicle

NOVEMBER 2, 2002, SATURDAY, FINAL EDITION

SECTION: NEWS; Pg. A1

LENGTH: 2355 words

HEADLINE: Microsoft wins antitrust battle;

Judge rejects bid by 9 states for stiffer penalties

SOURCE: Chronicle Staff Writer

BYLINE: Henry Norr

BODY:
...said, "My inclination is to devote resources to enforcement of this agreement, or this judgment, rather than to start a new fight," and in a joint press conference his colleagues in the case struck a similar tone.
 Legal experts said the odds of a successful appeal are minuscule. "The judge said to the (dissenting) states, in effect, 'I listened to your evidence for three months, and I don't believe you,' " said Robert Lande, professor of antitrust law at the University of Baltimore. "How do you appeal something like that?"
 Hillard Sterling, a Chicago antitrust attorney who has followed the case closely, agreed that an appeal would be "close to futile."
 He said: "Appellate courts are always very reluctant to disturb remedy decisions issued by trial judges, and that's especially true of this decision because the judge went through the issues so carefully and laboriously."
 The year-old settlement ...

FOCUS - 63 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

November 2, 2002, Saturday FINAL

SECTION: NEWS, Pg. A7

LENGTH: 468 words

HEADLINE: THEY SAID IT

BODY:
...Ragen
"It's business as usual... Microsoft was found guilty. There were no real remedies, no actual punishment. I'm not too surprised."
- Jon von Tetzchner,
CEO of Opera Software in Olso, Norway, which makes a competing Web browser
"The court is satisfied that the parties have reached a settlement which comports with the public interest."
-  Kollar-Kotelly
"We've seen the future, it's Microsoft."
- University of Baltimore law professor Robert Lande - P-I

FOCUS - 64 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

November 2, 2002, Saturday FINAL

SECTION: NEWS, Pg. A1

LENGTH: 2017 words

HEADLINE: A CLEAR VICTORY FOR MICROSOFT
JUDGE APPROVES ANTITRUST SETTLEMENT
WINDOWS MONOPOLY WILL CONTINUE

BYLINE: DAN RICHMAN AND CHARLES POPE P-I reporters

BODY:
...500 pages to explain, drew outrage from competitors and their trade associations. Critics called the ruling a rubber stamp and predicted an appeal.
But legal experts said there's not much of a basis for either side to appeal. Kollar-Kotelly's decision that the settlement is in the public interest is "very much a matter of broad discretion and can't easily be second-guessed," said University of Baltimore law professor Bob Lande. Her rejection of additional penalties need only be supported by a preponderance of the evidence, an easy standard to meet.

FOCUS - 65 of 280 DOCUMENTS

Copyright 2002 Sun-Sentinel Company  
Sun-Sentinel (Fort Lauderdale, FL)

November 2, 2002 Saturday Broward Metro Edition

SECTION: NATIONAL; Pg. 1A

LENGTH: 892 words

HEADLINE: EXPERTS: MICROSOFT HANDED VICTORY;
JUDGE ACCEPTS SETTLEMENT IN ANTITRUST SUIT;
CONSUMERS WON'T BENEFIT, CRITICS SAY

BYLINE: Stacey Hirsh and Robert Little Washington correspondents

DATELINE: Washington

BODY:
...proposed settlement between the software giant and the federal and state governments that charged it with violating antitrust laws.
U.S. District Judge Colleen Kollar-Kotelly tweaked dates and other parts of the proposed settlement but did not adopt broad modifications or impose tougher limitations wanted by the nine states, including Florida, that did not settle with Microsoft.
"It's basically a virtually complete Microsoft victory," said Bob Lande, a law professor at the University of Baltimore and director of the American Antitrust Institute.
Microsoft was found to have violated federal antitrust laws by monopolizing the market for operating systems that run personal computers. The Justice Department and nine states had agreed to a proposed settlement with the software giant, and Kollar-Kotelly was charged with reviewing the agreement.

FOCUS - 66 of 280 DOCUMENTS

Copyright 2002 Toronto Star Newspapers, Ltd.  
Toronto Star

November 2, 2002 Saturday Ontario Edition

SECTION: BUSINESS; Pg. D05

LENGTH: 417 words

HEADLINE: Judge backs Microsoft settlement

BYLINE: D. Ian Hopper, associated press

BODY:
...eliminates the establishment of a technical committee to assess Microsoft's compliance with the agreement. In its place, a corporate compliance committee - consisting of Microsoft board members - will make sure Microsoft lives up to the deal, the judge said.
Appeals are likely in a complicated case that has already lasted four years. "It might not be resolved for another two years," University of Baltimore law professor Robert Lande said. "No one should count their winnings, yet."
Microsoft was found to have violated antitrust laws, illegally maintaining its monopoly over computer software operating systems by strong-arming competitors. But an appeals court threw out a previous order that would break the company in two, leaving Kollar-Kotelly to decide how Microsoft should be punished.Microsoft's stock closed at $53 (U.S.), down ...

FOCUS - 67 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

Tri-Valley Herald (Pleasanton, CA) 

November 2, 2002 Saturday 

SECTION: HEADLINE NEWS 

LENGTH: 961 words 

HEADLINE: Federal judge hands Microsoft a virtual victory over verdict;
Settlement with federal government, states essentially unchanged; ruling largely viewed as beneficial to software giant 

BYLINE: By Stacey Hirsh and Robert Little 

DATELINE: WASHINGTON 

BODY: 
...changes to a proposed settlement between the software giant and the federal and state governments that charged it with violating antitrust laws. 
U.S. District Judge Colleen Kollar-Kotelly tweaked dates and other parts of the proposed settlement, but did not adopt broad modifications or impose tougher limitations wanted by the nine states that did not settle with Microsoft.
"It's basically a virtually complete Microsoft victory," said Bob Lande, a law professor at the University of Baltimore and director of the American Antitrust Institute. 
Microsoft was found to have violated federal antitrust laws by monopolizing the market for operating systems that run personal computers. The Justice Department and nine states had agreed to a proposed settlement with the software giant, and Kollar-Kotelly was charged with reviewing the agreement.  

FOCUS - 68 of 280 DOCUMENTS 

Copyright 2002 The Washington Post 

 The Washington Post 

November 02, 2002, Saturday, Final Edition 

SECTION: A SECTION; Pg. A15 

LENGTH: 977 words 

HEADLINE: Microsoft Ruling a Blow to States' Case; Most Penalties Sought by Coalition Are Rejected by Judge; Group to Weigh Appeal 

BYLINE: Carrie Johnson, Washington Post Staff Writer 

BODY: 
...expertise, and antitrust is not one of them," said Robert W. Hahn, director of the American Enterprise Institute-Brookings Joint Center for Regulatory Studies. 
The trend in Europe over the past dozen years, for instance, is to shuttle big cases to central antitrust authorities. 
"Does it make sense for my little home state of Maryland to have more power than France?" asked University of Baltimore law professor Robert H. Lande. "That's not the system we've chosen. But once you give someone that power it's very hard to take away." 
Federal appeals court judge Richard A. Posner, who was brought in to mediate the dispute in 1999, cited dissension among the states as the reason his settlement efforts failed. It's not surprising that some states have parted ways during the lengthy case, experts said, because Microsoft's economic impact is ...

FOCUS - 69 of 280 DOCUMENTS

Copyright 2002 AFX News Limited  
AFX - Asia

November 1, 2002 Friday

SECTION: COMPANY NEWS

LENGTH: 636 words

HEADLINE: OUTLOOK Microsoft decision expected later today; compromise seen a possibility

DATELINE: WASHINGTON

BODY:
...later today, but many analysts do not discount the possibility of a compromise.
    Some say the nearly half-year period could signal she may reject at least part of the settlement reached with the Justice Department nearly one year ago and add some tougher provisions sought by nine states and the District of Columbia who rejected the settlement.
    "It's been five months. That's a long time," said Robert Lande, professor at the University of Baltimore. "I think she spent five months carefully crafting an order that will go somewhat further" than the settlement.
    "The easy thing is to say I defer to the federal government, they are the anti-trust experts," Lande said, predicting that she might add some provisions to the settlement in her announcement at 4.30 pm Washington time (21.30 GMT).
    But vocal Microsoft critic Ed ...

COMPANY-TERMS: MICROSOFT, UNITED STATES; TICKER: MSFT; ISIN: US5949181045

FOCUS - 70 of 280 DOCUMENTS

Copyright 2002 The Deseret News Publishing Co.  
Deseret News (Salt Lake City, Utah)

November 1, 2002, Friday

SECTION: BUSINESS; Pg. D12

LENGTH: 844 words

HEADLINE: Judge's decision hanging over Microsoft, and appeals likely

BYLINE: By D. Ian Hopper AP technology writer

BODY:
But appeals are likely in a complicated case that has already lasted four years.
"It might not be resolved for another two years," University of Baltimore law professor Robert Lande said. "No one should count their winnings yet."
Microsoft was found to have violated antitrust laws, illegally maintaining its monopoly over computer software operating systems by strong-arming competitors.
But an appeals court threw out a previous order that would break the company in two, leaving Kollar-Kotelly to decide how Microsoft should be punished.
The settlement would prevent Microsoft from participating in exclusive deals that could ...

PERSON: 
COLLEEN KOLLAR-KOTELLY (76%); ROBERT LANDE (63%); WILLIAM HENRY 'BILL' GATES III (57%); 

FOCUS - 71 of 280 DOCUMENTS

Copyright 2002 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

November 1, 2002 Friday  Home Edition

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

LENGTH: 643 words

HEADLINE: Judge Is Expected to Toughen Microsoft Antitrust Settlement;
In today's ruling, legal experts predict federal deal will;
include some of dissenting states' fixes.

BYLINE: Joseph Menn, Times Staff Writer

BODY:
"If all she was going to do was rubber-stamp the [federal] Tunney Act settlement, she wouldn't have taken five months," said Robert H. Lande, a law professor at the University of Baltimore. "She's trying to work out a better remedy."
If the judge applies only modest changes -- or none at all -- to the settlement, the 4-year-old case might come to an end. If she comes down hard on Microsoft, the company is certain to appeal.
Microsoft declined to comment Thursday. In an earlier interview, Microsoft General Counsel Brad Smith ...

FOCUS - 72 of 280 DOCUMENTS

Copyright 2002 National Journal Group, Inc.  
National Journal's Technology Daily

PM Edition

November 1, 2002 Friday

LENGTH: 530 words

HEADLINE: ANTITRUST: Observers Ponder Possibilities In Pending Microsoft; Decision

BYLINE: Drew Clark

BODY:
...consider the Tunney Act case first and held a one-day
hearing on March 6. Many observers believed that meant she would
quickly rule on it. If she had accepted it, that could have
created a bind for the litigating states in the trial that began
March 18 and ran until June 19.
"The fact that it has been five months implies to me that I
think the states are going to get something," said Bob Lande, an
antitrust professor at the University of Maryland who supports
the remedies sought by the states. "If the Justice Department
deal is so great, she could have done that in a couple of
months" without considering every element of the trial sought by
the states.
"If she approves the settlement, it is very difficult to imagine
that she has given the attorneys general anything they asked
for," said Bob Levy, senior fellow at the Cato Institute, which
has opposed the ...

FOCUS - 73 of 280 DOCUMENTS

Copyright 2002 The Chronicle Publishing Co.  
 The San Francisco Chronicle

NOVEMBER 1, 2002, FRIDAY, FINAL EDITION
Correction Appended 

SECTION: BUSINESS; Pg. B3

LENGTH: 540 words

HEADLINE: Judge set to rule on Microsoft case;

Tea leaves suggest she'll address settlement proposal, other remedies

SOURCE: Chronicle Staff Writer

BYLINE: Henry Norr

BODY:
...include requiring Microsoft to release a modular version of Windows so PC-makers could replace some of its features with competing products, making the company release the code underlying its Internet Explorer browser, and requiring it to auction off rights to develop versions of Microsoft Office for non-Microsoft operating systems.
 "If all she was going to do was rubber-stamp the (Justice Department's) settlement, it wouldn't have taken this long," said Bob Lande, a professor of antitrust law at the University of Baltimore. "My guess is that she will also take some, though not all, of the remedies the (nonsettling) states proposed."
 Hillard Sterling, a Chicago antitrust attorney who has followed the case closely, agreed that Kollar-Kotelly is likely to impose an "additional layer of remedies," but he said "it's doubtful that she will attempt any radical restructuring of the company."
 "It will ...

CORRECTION-DATE: November 2, 2002

CORRECTION:
A story Friday in the Business section anticipating a ruling in the Microsoft antitrust trial misstated the first name of the attorney who heads Fenwick & West's antitrust practice. His name is Mark Ostrau.(11/02/02, P. A2)

FOCUS - 74 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

November 1, 2002, Friday FINAL

SECTION: BUSINESS, Pg. D1

LENGTH: 1176 words

HEADLINE: MICROSOFT ANTITRUST RULING SET FOR TODAY
FOUR MONTHS OF DELIBERATIONS MAY BODE ILL FOR SOFTWARE MAKER

BYLINE: DAN RICHMAN P-I reporter

BODY:
...ruling from the court, like everyone else," spokeswoman Stacy Drake said.
Microsoft shares sank 57 cents, to $53.47, in after-hours trading
Experts have consistently said that the longer it took Kollar-Kotelly to issue the opinion, the worse it augured for Microsoft. The judge heard closing arguments in the remedy hearing June 19, more than four months ago.
"True, she has been very busy," said Bob Lande, who teaches antitrust law at the University of Baltimore. Most notably, she is one of several judges hearing appeals by detainees at Guantanamo Bay, Cuba, and she has had several other cases to hear, he said.
"But still, if all she was going to do was rubber-stamp the settlement and throw out the remedy, that wouldn't take five months," he said. "So I think the (non-settling) states are going to get something."
Those states - ...

FOCUS - 75 of 280 DOCUMENTS

Copyright 2002 NLP IP Company - American Lawyer Media
All Rights Reserved.  
Fulton County Daily Report

October 18, 2002, Friday

SECTION: NEWS; Vol. 10; No. 18

LENGTH: 1632 words

HEADLINE: After wading through analysis, the FTC rightly approved a megamerger

BYLINE: Phillip A. Proger

BODY:
...Union. That left the United States, the biggest cruise market in the world.
In a fairly unusual move, the FTC majority issued a detailed explanation for its decision, laying out the evidence and the economic analysis it relied on. Likewise, the dissenters issued a statement explaining why they opposed closing the investigation. The helpful explanations were probably due to criticism that anticipated the FTC's decision [see, for example, Robert H. Lande commentary, Daily Report, Oct. 3, 2002].
Beginning the Analysis
For the commissioners, the analysis started with the perception that either transaction would combine leading cruise competitors and, if cruises were a relevant market, would generate high market shares for the surviving companies. But it has been hornbook law now for at least 20 years that market shares are just the beginning of the analysis, not the end.
Since market shares ...

FOCUS - 76 of 280 DOCUMENTS

Copyright 2002 NLP IP Company - American Lawyer Media
All Rights Reserved.  
Legal Times

October 14, 2002

SECTION: POINTS OF VIEW; Pg. 52

LENGTH: 1649 words

HEADLINE: Anchors Aweigh
Cruise merger approval shows that good policy comes from hard work.

BYLINE: By Phillip A. Proger

BODY:
...Union. That left the United States, the biggest cruise market in the world.
In a fairly unusual move, the FTC majority issued a detailed explanation for its decision, laying out the evidence and the economic analysis it relied on. Likewise, the dissenters issued a statement explaining why they opposed closing the investigation. The helpful explanations were probably due to criticism that anticipated the FTC's decision [see, for example, Robert H. Lande, "A Test for Competition," Legal Times, Sept. 30, 2002, Page 59].
For the commissioners, the analysis started with the perception that either transaction would combine leading cruise competitors and, if cruises were a relevant market, would generate high market shares for the surviving companies. But it has been hornbook law now for at least 20 years that market shares are just the beginning of the analysis, not the end. ...

FOCUS - 77 of 280 DOCUMENTS

Copyright 2002 The Deal L.L.C.  
Daily Deal (New York, NY)

October 8, 2002 Tuesday

SECTION: M AND A

LENGTH: 968 words

HEADLINE: Cruise ruling offers blueprint

BYLINE: by Jaret Seiberg in Washington

BODY:
...Washington who represents Carnival. "The FTC statement shows that the FTC conducted a thorough and rigorous analysis of the evidence and economic data and concluded that market power could not be exercised in this industry post-merger."
The antitrust agencies have historically been reluctant to clear mergers resulting in high market shares unless there are few barriers to entry by new rivals or one of the merging companies is about to go out of business.
Robert Lande, a professor at the University of Baltimore law school and director of the American Antitrust Institute, said Muris has essentially lowered the standard-of-proof for rebutting high market shares.
"There is very little left of the presumption at the Federal Trade Commission, and I don't think that is what the statutory scheme is all about," said Lande, who has opposed both Carnival's and Royal Caribbean's deals.
Lande points to the dissent filed by ...

PERSON: 
TIMOTHY J MURIS (68%); ROBERT LANDE (58%); 

FOCUS - 78 of 280 DOCUMENTS 

Copyright 2002 The Washington Post 

 The Washington Post 

October 05, 2002, Saturday, Final Edition 

SECTION: FINANCIAL; Pg. E01 

LENGTH: 643 words 

HEADLINE: Cruise Lines Get Approval From FTC for Pivotal Merger 

BYLINE: Washington Post Staff Writers 

BODY: 
...Thomas B. Leary. 
 Democratic commissioners Sheila F. Anthony and Mozelle W. Thompson dissented from the Republican majority, saying they believed either merger would significantly lessen competition and raise prices. 
 "Admittedly, pricing in this industry is complex, but the parties are sophisticated enough to have mastered this arcane art, and if moved to do so, they likely would be able to exploit the reduction in competition to the detriment of consumers," the two commissioners wrote in their dissent. 
 Bob Lande, a professor at the University of Baltimore Law School and a director at the American Antitrust Institute, agreed with the majority opinion that complex pricing meant the cruise lines could not fix prices, but he said he believed there may still be problems. 
 "These firms will get together and say, 'We're not going to discount within 60 days of sailing,' " he said. "It will be more subtle collusion. 
 "If you agree ...

FOCUS - 79 of 280 DOCUMENTS

Copyright 2002 The Deal L.L.C.  
Daily Deal (New York, NY)

October 4, 2002 Friday

SECTION: M AND A

LENGTH: 1044 words

HEADLINE: Antitrust chief resigns

BYLINE: by Jaret Seiberg in Washington

BODY:
...real problem that impeded enforcement."
James may be best remembered for his controversial decision to settle the Microsoft Corp. litigation shortly after a federal appeals ruled the software giant was a monopolist. The court also struck down large chunks of the government's case, including a lower court's decision to break Microsoft in half to remedy its anticompetitive conduct.
"He will always be known for Microsoft," said Robert Lande, a professor at the University of Baltimore law school and a director at the American Antitrust Institute. "If you are on my side of the fence, you'll consider him to have sold out the public interest. He just gave them a slap on the wrist. He will be defending that for the rest of his career."
To James, however, the case was resolved on its merits. The appeals court seriously weakened the government's hand, making the settlement the best option to restore ...

FOCUS - 80 of 280 DOCUMENTS

Copyright 2002 The Chronicle Publishing Co.  
 The San Francisco Chronicle

OCTOBER 4, 2002, FRIDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B2

LENGTH: 455 words

HEADLINE: Government's Microsoft negotiator quits;

Critics say he let software behemoth off too easily

SOURCE: Chronicle Staff Writer

BYLINE: Pia Sarkar

BODY:
...Attorney General John Ashcroft called James, who was confirmed to his position in June 2001, "a dedicated and tireless advocate for consumers and for competition."
 "He is a man of the utmost integrity and fairness," Ashcroft said in a statement.
 But several antitrust lawyers said that James will forever be remembered for his role in the Microsoft case.
 "That overshadowed everything he had done by far," said Bob Lande, a professor of law at the University of Baltimore, who had worked with James at the Federal Trade Commission for six years beginning in 1979, then worked at a private law firm with him for two more years.
 Lande said the Microsoft case will define James as the man who "snatched defeat from the jaws of victory."
 "He let them off with a slap on the wrist," Lande said. "This was his ...

FOCUS - 81 of 280 DOCUMENTS

Copyright 2002 MarketWatch.com Inc., All Rights Reserved  
 CBS MarketWatch

October 3, 2002 Thursday

SECTION: NEWS & COMMENTARY

LENGTH: 540 words

HEADLINE: Justice Department antitrust chief to step down

BYLINE: Matt Andrejczak, CBS.MarketWatch.com; mailto:mandrejczak@marketwatch.com; Matt Andrejczak is a reporter for CBS.MarketWatch.com in Washington.

BODY:
...court-supervised negotiations with Microsoft to settle the landmark antitrust suit, has come under attack for his merger enforcement policy.
Lawmakers, rival software companies and consumer groups criticized the Microsoft settlement, saying it lacked teeth and would allow the software giant to continue using anticompetitive behavior to thwart antitrust laws.
"He will be known as the man who sold out the public's interest in the Microsoft case," said Bob Lande, a professor at the University of Baltimore School of Law and director of the American Antitrust Institute.
Sen. Herb Kohl, D-Wis., chairman of the Senate antitrust subcommittee, told James at a congressional hearing last month that there is a "growing sense of unease about the direction of the antitrust division" and the consolidation trend in the media, cable and telecom sectors "seems to be meeting little, if any, resistance."
Before he departs, ...

FOCUS - 82 of 280 DOCUMENTS

Copyright 2002 NLP IP Company - American Lawyer Media
All Rights Reserved.  
Fulton County Daily Report

October 3, 2002, Thursday

SECTION: NEWS; Vol. 10; No. 3

LENGTH: 1302 words

HEADLINE: Two proposed monopolies may not hike prices, but they'll hurt consumers

BYLINE: Robert H. Lande

FOCUS - 83 of 280 DOCUMENTS

Copyright 2002 The Deal L.L.C.  
Daily Deal (New York, NY)

October 2, 2002 Wednesday

SECTION: JUDGEMENT CALLS

LENGTH: 1329 words

HEADLINE: Gut check time

BYLINE: by Robert H. Lande

BODY:
...Bush administration's acceptance of corporate rationalizations.
The White House has criticized corporate malfeasance at Enron, WorldCom and other companies. But actions must match its rhetoric. The recent financial scandals demonstrate what happens when government enforcers fail to draw a line in the sand.
These mergers are an excellent opportunity for the Bush administration to demonstrate that it wants consumers to have the choices free and full competition will bring.
Robert H. Lande is the Venable Professor of Law at the University of Baltimore School of Law and a director of the American Antitrust Institute. This article first appeared in Legal Times, an American Lawyer Media publication.<
www.TheDeal.com

FOCUS - 84 of 280 DOCUMENTS 

Copyright 2002 American Marketing Association 

Journal of Public Policy & Marketing 

2002 Fall 

SECTION: BRINGING MARKETING INSIGHTS TO BEAR ON ANTITRUST POLICY AND COMPETITIVE CONDUCT; Vol. 21, No. 2; Pg. 232 

LENGTH: 3718 words 

HEADLINE: Antitrust and Marketing: A Primer and Call to Research 

BYLINE: Gregory T. Gundlach, Joan M. Phillips, and Debra M. Desrochers; GREGORY T. GUNDLACH is John W. Berry Sr. Professor of Business, Mendoza College of Business, University of Notre Dame, and Senior Research Fellow, American Antitrust Institute.  JOAN M. PHILLIPS is Assistant Professor of Marketing, and DEBRA DESROCHERS is Assistant Professor of Marketing, Department of Marketing, Mendoza College of Business, University of Notre Dame.  The authors graciously acknowledge the contribution of all the workshop and conference participants for their insightful comments and future research directions.  

BIBLIOGRAPHY: References
Arthur, Thomas C. (1994), "The Costly Quest for Perfect Competition: Kodak and Nonstructural Market Power," New York University Law Review, 69 (1), 1 -- 61.
Averitt, Neil W. and Robert H. Lande (1997), "Consumer Sovereignty: A Unified Theory of Antitrust and Consumer Protection Law," Antitrust Law Journal, 65 (3), 713 -- 57.
Bagozzi, Richard P. (1975), "Marketing as Exchange," Journal of Marketing, 39 (October), 32 -- 39.
Baker, Jonathan B. (1989), "Recent Developments in Economics That Challenge Chicago School Views," Antitrust Law Journal, 58, 645 -- 55.
Balto, David A. (...

FOCUS - 85 of 280 DOCUMENTS 

Copyright 2002 American Marketing Association 

Journal of Public Policy & Marketing 

2002 Fall 

SECTION: BRINGING MARKETING INSIGHTS TO BEAR ON ANTITRUST POLICY AND COMPETITIVE CONDUCT; Vol. 21, No. 2; Pg. 260 

LENGTH: 8099 words 

HEADLINE: Choice and Variety in Antitrust Law: A Marketing Perspective 

BYLINE: Joseph P. Guiltinan; JOSEPH P. GUILTINAN is Professor of Marketing, Mendoza College of Business, University of Notre Dame.  

BIBLIOGRAPHY: References
Averitt, Neil W. and Robert H. Lande (1998), "Consumer Choice: The Practical Reason for Both Antitrust and Consumer Protection Law," Loyola Consumer Law Review, 10, 44 -- 63.
Baumol, William J. and Edward W. Ide (1956), "Variety in Retailing," Management Science, 3 (1), 93 -- 101.
Bettman, James, Mary Frances Luce, and John Payne (1998), "Constructive Consumer Choice Processes," Journal of Consumer Research, 25 (...

FOCUS - 86 of 280 DOCUMENTS 

Copyright 2002 American Marketing Association 

Journal of Public Policy & Marketing 

2002 Fall 

SECTION: BRINGING MARKETING INSIGHTS TO BEAR ON ANTITRUST POLICY AND COMPETITIVE CONDUCT; Vol. 21, No. 2; Pg. 269 

LENGTH: 5057 words 

HEADLINE: Limiting Product Choice: Innovation, Market Evolution, and Antitrust 

BYLINE: Ross D. Petty; ROSS D. PETTY is Professor of Marketing and Technology Law, Babson College.  

BIBLIOGRAPHY: References
Allied Tube & Conduit Corp. v. Indian Head (1988), 486 U.S. 492.
Andrx Pharmaceuticals Inc. v. Friedman (2000), 83 F.Supp. 2d 179 (D.D.C.).
Associated Press v. U.S. (1945), 326 U.S. 1.
Averitt, Neil W. and Robert H. Lande (1997), "Consumer Sovereignty: A Unified Theory of Antitrust and Consumer Protection Law," Antitrust Law Journal, 65 (3), 713 -- 56.
Bayus, Barry L., Sanjay Jain, and Ambar G. Rao (2001), "Truth or Consequences: An Analysis of Vaporware and New Product Announcements," Journal of Marketing Research, 38 (February), 3 -- 13.
Berkey Photo Inc. v. Eastman Kodak Co. (1979), 603 ...

FOCUS - 87 of 280 DOCUMENTS

Copyright 2002 NLP IP Company - American Lawyer Media
All Rights Reserved.  
Legal Times

September 30, 2002

SECTION: POINTS OF VIEW; Pg. 59

LENGTH: 1313 words

HEADLINE: A Test for Competition
Proposed mergers would hurt satellite TV and cruise line consumers.

BYLINE: By Robert H. Lande

BODY:
...administration's acceptance of corporate rationalizations. The White House has criticized corporate malfeasance at Enron, WorldCom, and other companies. But its rhetoric must be matched by actions. The recent financial scandals demonstrate what happens when government enforcers fail to draw a line in the sand.
These mergers are an excellent opportunity for the Bush administration to demonstrate that it wants consumers to have the choices that free and full competition will bring.
Robert H. Lande is the Venable Professor of Law at the University of Baltimore School of Law and a director of the American Antitrust Institute.

FOCUS - 88 of 280 DOCUMENTS

Copyright 2002 The McGraw-Hill Companies, Inc. All Rights Reserved  
Business Week Online

September 13, 2002 Friday

SECTION: DAILY BRIEFING

LENGTH: 754 words

HEADLINE:  Bush's Trustbusters Need Another Name;
Dems and the GOP have always agreed that no merger should reduce a trio of rivals to a mere pair. This Administration appears to differ

BYLINE: Dan Carney

BODY:
...industry of three players to shrink to a duopoly -- something that would result if either the satellite merger or a cruise-line deal wins FTC backing.
The Clinton Administration nixed the merger of H.J. Heinz and Beech-Nut, two also-rans to Gerber Products in baby food. And even the probusiness Reagan Administration iced a proposed Coke-Dr Pepper mixture. The rationale, says University of Baltimore law professor Robert H. Lande: "Invariably you're going see higher prices and fewer choices."
So why are the Bushies willing to examine these proposals so closely? In EchoStar's case, they're listening to proponents who claim a merger would put satellite broadcasting on a more even footing to compete with cable. And the two cruise-ship suitors are telling the FTC that large hotels offer competition aplenty. They also say prices will be kept ...

FOCUS - 89 of 280 DOCUMENTS

Copyright 2002 American Lawyer Media, L.P.  
The Recorder

August 29, 2002 Thursday

SECTION: NEWS; Pg. 3

HEADLINE: BE HAS BETTER CHANCE IN COURT THAN ON DESKTOP

BYLINE: BY Marcy Burstiner; The Daily Deal

BODY:
...Baltimore before U.S. District Court Judge Frederick Motz, who is already hearing more than 100 other suits against Microsoft. He will be asked this week by Be's lawyers to require a speedy discovery process.
Legal experts say Be's suit has a far better chance of prevailing in court than its operating system ever did on the desktop. "I don't think it's a long shot," said Robert Lande, a professor at the University of Baltimore Law School. "Microsoft's liability isn1t really in question." Indeed, the crux of Be's case has already been settled by federal courts in the government's earlier antitrust case. Microsoft is estopped from arguing issues on which the court has already ruled.
Be's got something else going for it. Its law firm, Susman Godfrey of Houston, has done this before. In January 2000, two ...

FOCUS - 90 of 280 DOCUMENTS

Copyright 2002 NLP IP Company - American Lawyer Media
All Rights Reserved.  
National Law Journal

July 15, 2002

SECTION: BUSINESS; Vol. 24; No. 43; Pg. A15

LENGTH: 1449 words

HEADLINE: FTC grows aggressive on mergers
Agency has sought new competitors in one case.

BYLINE: By Steve Seidenberg

BODY:
...situations. The FTC [by bringing an administrative action] can get a more sympathetic hearing in these kind of cases."
Although the FTC aggressively pursued this case, there remains some question about the agency's commitment to prosecute large companies that violate antitrust laws. "The Reagan administration didn't want to go after any big companies; instead, they went after little companies that were really, really bad," said Professor Robert Lande, director of the American Antitrust Institute. "They went after four individual gas stations that were fixing prices, but they ignored Microsoft. I wonder if the Bush administration is just going after clearly anticompetitive smaller cases so they can rack up the wins."
Seidenberg's e-mail address [n].

FOCUS - 91 of 280 DOCUMENTS

Copyright 2002 Computerworld, Inc.  
Computerworld

June 24, 2002

SECTION: NEWS - HIGH; Pg. 5

LENGTH: 558 words

HEADLINE: States Alter Remedy List at Microsoft Trial;
Disclosure of technical info top priority

BYLINE: PatrickThibodeau

BODY:
...least onerous" of the states' remedies. But Microsoft attorney John Warden didn't want to give the judge the notion that there was anything acceptable about the proposal from the states.
Warden called the states' plan "fundamentally flawed in numerous respects."
One legal expert called Microsoft's approach risky. "Microsoft was deathly afraid that if they said anything" about the least onerous remedy, "that would be a clear signal for her to do it," said Bob Lande, an antitrust professor at the University of Baltimore School of Law. But if the judge is planning to order tougher remedies, "it would have been to Microsoft's advantage to prioritize them."
Both the federal settlement and the states' proposal include disclosure provisions. But the states' plan would give third parties access to Windows source code.
Whether a more stringent disclosure provision makes a difference is a question. Would source-code access matter? " ...

FOCUS - 92 of 280 DOCUMENTS

Copyright 2002 NLP IP Company - American Lawyer Media
All Rights Reserved.  
Legal Times

June 24, 2002

SECTION: COURT WATCH; Pg. 06

LENGTH: 985 words

HEADLINE: Looking Beyond Settlement in Microsoft Case
How important is after-hours partying with colleagues for associates who seek better assignments?

BYLINE: By Jonathan Groner

BODY:
...in the Justice-Microsoft deal. Kollar-Kotelly can either endorse or reject the Justice Department settlement, not amend it. But in the states' case she has broad power to fashion a remedy that she thinks effective.
Antitrust experts say the judge would be best advised to deal with both cases at once. That type of action would itself break new ground in a dispute that has never followed form.
Robert Lande, an antitrust professor at the University of Baltimore Law School, says that if Kollar-Kotelly decides to give the state plaintiffs any remedy that goes beyond Justice's agreement, she should also use her prerogative under the Tunney Act to turn thumbs down on the Microsoft-Justice consent agreement.
"If I were her and I wanted to add constraints on Microsoft," says Lande, "I would reject the consent order. The safest thing is to say ...

PERSON: 
COLLEEN KOLLAR-KOTELLY (95%); ROBERT LANDE (58%); 

FOCUS - 93 of 280 DOCUMENTS

Copyright 2002 The Chronicle Publishing Co.  
 The San Francisco Chronicle

JUNE 20, 2002, THURSDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 662 words

HEADLINE: Microsoft won't budge on penalties;

Software firm rejects compromise in antitrust case

SOURCE: Chronicle Staff Writer

BYLINE: Henry Norr

BODY:
 When asked to address some of the ways the federal settlement with the company could be modified, Warden sarcastically offered to eliminate some of its penalties. He called the states' criticisms of the deal "groundless."
 "We have been through this. We negotiated. We went as far as we can go," Warden said. "That's the deal."
 The judge smiled slightly through Warden's statements.
 Microsoft "is taking a big gamble" in declining to offer any new suggestions, according to Bob Lande, a professor of law at the University of Baltimore, who attended the hearing. "When the judge asks you a specific question, you're supposed to respond, and they didn't."
 Brendan Sullivan, lead attorney for the non-settling states in this phase of the case, told the judge, "Microsoft still doesn't get it, and you're the only one left to tell them what it's all about."
 A final ruling in the case is not ...

FOCUS - 94 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

June 20, 2002, Thursday FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1121 words

HEADLINE: MICROSOFT SPURNS REQUEST TO RANK ISSUES

BYLINE: CHARLES POPE P-I Washington correspondent

DATELINE: WASHINGTON

BODY:
...Massachusetts, Minnesota, Utah, West Virginia and the District of Columbia.
They have pressed for a settlement that would require Microsoft to offer a "modular" version of Windows in which computer makers pick and choose applications. Microsoft said that is impossible because it would mean thousands of different versions of Windows would have to be tested and re-engineered.
The states' proposal, Microsoft attorney Dan Webb said, would "harm consumers, damage the PC ecosystem and destroy Microsoft."
Robert Lande, who teaches antitrust law at the University of Baltimore and who has closely followed the case, said the likelihood is growing that Kollar-Kotelly will come up with a blended settlement.
"Microsoft did a very good job of batting away the states' argument for a modular version of Windows," he said. "But the states did a good job of fighting off Microsoft's claims that the (tougher) settlement would fragment Windows and lead to ...

FOCUS - 95 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

June 19, 2002, Wednesday FINAL

SECTION: NEWS, Pg. A1

LENGTH: 833 words

HEADLINE: MICROSOFT BAFFLES THE LEGAL EXPERTS;
COMPANY STRIKES BACK AT RIVAL SUN

BYLINE: DAN RICHMAN P-I reporter

BODY:
Attorneys for  nine states today are slated to argue that Windows should be required to support Java - a language for writing programs that run on any operating system. Such support, the states argue, is one of 16 actions the company must take to remedy its behavior as an unlawful monopolist.
So Microsoft's decision emphatically flouts the litigating states' remedy proposal, said Bob Lande, a law professor at the University of Baltimore.
Microsoft's current implementation of Java isn't compliant with Sun's standards, anyway. But U.S. District Judge Colleen Kollar-Kotelly, who's presiding over the 3-month-old remedy hearing, could view the action as insolent.
Lande, a longstanding Microsoft critic, called the company's action "an incredible show of arrogance and defiance."
Not necessarily, replied Ernest ...

PERSON: 
BOB LANDE (64%); ERNEST GELLHORN (60%); JIM CULLINAN (58%); COLLEEN KOLLAR-KOTELLY (58%); 

FOCUS - 96 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

June 18, 2002, Tuesday FINAL

SECTION: BUSINESS, Pg. E1

LENGTH: 1008 words

HEADLINE: MIDDLE-ROAD REMEDY EXPECTED
FEW EXPECT MICROSOFT OR STATES TO WIN ON ALL THEIR POINTS IN ANTITRUST CASE

BYLINE: DAN RICHMAN P-I reporter

BODY:
...directive to restore the competition thwarted by Microsoft is necessary to ensure the effectiveness of antitrust law in an economy increasingly dominated by technology firms. Microsoft argued yesterday that the brief should be rejected, in part because two of the economists worked for the Justice Department. It's unclear whether Kollar-Kotelly will consider the brief.
Even if she does embrace some of the litigating states' proposals, said University of Baltimore law professor Bob Lande, she probably won't order one of them: a modular version of Windows. Microsoft says such an order would spell the end of its operating system, because no software company could hope to write programs for all the Windows variants that would emerge.
"The states' own expert wouldn't say it's in the consumers' best interest to have modular Windows, so I'd be absolutely shocked if the states got it" as a remedy, Lande said. ...

FOCUS - 97 of 280 DOCUMENTS

Copyright 2002 Computerworld, Inc.  
Computerworld

May 20, 2002

SECTION: NEWS - HIGH; Pg. 7

LENGTH: 453 words

HEADLINE: Microsoft Trial Remedy Phase Closes With Dramatic E-Mail;
Suggests retaliation against PC makerssupporting Linux

BYLINE: Patrick Thibodeau

BODY:
...mail evidence the nine nonsettling states produced in the remedy phase, and they had planned to use it to strengthen their legal arguments that stronger antiretaliatory provisions are needed in the final remedy.
But the memo is in procedural limbo. Judge Colleen Kollar-Kotelly is clearly aware of it but hasn't officially admitted it into the record. She has been very cautious about what does get entered. "This judge is a stickler for procedure," said Bob Lande, an antitrust professor at the University of Baltimore Law School.
Throughout the trial, Kollar-Kotelly has consistently ruled in favor of Microsoft on many procedural motions. But in court last week, she was a changed person. For the first time, she challenged both sides on a range of legal issues in an effort to sort out legal positions. Her questions seemed evenhanded. ...

FOCUS - 98 of 280 DOCUMENTS

Copyright 2002 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
San Jose Mercury News

May 10, 2002, Friday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K6017

LENGTH: 687 words

HEADLINE: States back off plan on Windows witness

BYLINE: By Heather Fleming Phillips

BODY:
...company couldn't comply with the states' requirement, it would have to pull Windows off the market, Gates warned.
But the states claim the company already is offering such a version of Windows _ Windows XP Embedded _ that's used to run specialized devices, such as cash registers, ATMs and medical devices.
Bach was to demonstrate how he had used XP Embedded to create an operating system that could power a personal computer.
Legal experts, including Robert Lande of the University of Baltimore, had described the issue as one that "could make or break the case."
"Microsoft went so much out on a limb saying it wasn't possible, it could not be done," Lande said.
In other testimony Thursday, an economist called by Microsoft backed down on his earlier statement that Microsoft's rivals had "developed" the states' penalty proposals.
"Are you testifying under oath that that provision was developed ...

FOCUS - 99 of 280 DOCUMENTS

Copyright 2002 Computerworld, Inc.  
Computerworld

May 6, 2002

SECTION: NEWS - HIGH; Pg. 7

LENGTH: 333 words

HEADLINE: Microsoft Claims Unbundling Windows Would Hurt Users;
Testimony raisesfragmentation issue

BYLINE: Mitch Betts

BODY:
...rival software.
Users would suffer from myriad hardware and software incompatibilities if Windows licensees were allowed to remove pieces of the operating system, testified Microsoft's Robert Short, vice president of Windows core technology. Licensees might even leave out certain printer drivers, he warned, thus ruining users' plug-and-play expectations.
Common Defense
Microsoft is trying to "raise the specter of fragmentation" stemming from having multiple versions of Windows, said Robert Lande, an antitrust professor at the University of Baltimore School of Law. But monopolies always trot out the benefits of uniformity, he said. "What some people call fragmentation, other people call competition where you let consumers decide," Lande said.
Tom Greene, California's assistant attorney general and one of the state officials pressing for tougher sanctions, said Microsoft's Internet Explorer should be made available to the software industry as ...

PERSON: 
ROBERT LANDE (84%); TOM E GREENE III (50%); 

FOCUS - 100 of 280 DOCUMENTS

Copyright 2002 The Chronicle Publishing Co.  
 The San Francisco Chronicle

APRIL 28, 2002, SUNDAY, FINAL EDITION

SECTION: BUSINESS; Pg. G1

LENGTH: 1389 words

HEADLINE: Gates' testimony solid, but not a slam-dunk

SOURCE: Chronicle Staff Writer

BYLINE: Henry Norr

BODY:
...badly damaged the states' case. "There's no doubt in my mind -- he simply shredded many parts of their proposal as drafted," Gray said.
 'SERIOUS EXAGGERATIONS'
 On the other hand, Gates' testimony wasn't an unequivocal victory for Microsoft, legal observers said. In cross-examination, the states' attorney, Stephen Kuney, "caught him in several serious exaggerations" in his interpretations of the states' plan, according to Bob Lande, an antitrust expert at the University of Baltimore, who was in court for Gates' testimony.
 Perhaps more important, according to Gray, was Kuney's apparent success in getting Gates to "offer or at least validate alternative ways the states' plan could be implemented."
 The most dramatic example came on Gates' last day on the stand, when Kuney brought up Windows XP Embedded, a version of ...

FOCUS - 101 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

April 25, 2002, Thursday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1062 words

HEADLINE: GATES DID WELL ON STAND, ANALYSTS SAY;
MICROSOFT OFFICIALS ARE THRILLED WITH CHAIRMAN'S PERFORMANCE IN ANTITRUST SUIT

BYLINE: CHARLES POPE P-I Washington correspondent

DATELINE: WASHINGTON

BODY:
...look to the years ahead, Microsoft and others in the industry have a real opportunity for building great products that will benefit both consumers and the economy."
Privately, Microsoft officials said they were thrilled with Gates' performance in a case brought by nine states that want to impose tougher sanctions against the company than those outlined in a separate agreement the company negotiated last year with the Justice Department.
Robert Lande, who teaches antitrust law at the University of Baltimore, said Gates demonstrated a "good demeanor" and was well-prepared. He said Gates had an "encyclopedic understanding" of the states' proposed remedy.
Critics countered that Gates' testimony showed a "warped" interpretation of the proposed settlement, with his predictions of dire consequences. Throughout his time on the stand, Gates repeatedly said that if the proposal was put in place, Microsoft "would have no choice" ...

FOCUS - 102 of 280 DOCUMENTS

Copyright 2002 Chicago Tribune Company  
Chicago Tribune

April 24, 2002 Wednesday, NORTH SPORTS FINAL EDITION

SECTION: News; Pg. 1; ZONE: N

LENGTH: 1041 words

HEADLINE: Gates mostly banishes surly Bill from courtroom

BYLINE: By Frank James, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...for both sides argued over whether Kuney should be allowed to question Gates about a particular Microsoft e-mail, the world's richest man could be seen passing the time by chatting amiably with two federal marshals.
Some people in the courtroom were struck by how comfortable Gates seemed during that conversation. "I don't see Gates as a man of the people who could talk to marshals," said Robert Lande, a University of Baltimore law professor who has observed Gates at the trial this week.
Whether all of this was the real Gates or a repackaged version for the benefit of the judge, only Gates knows for sure. But what is obvious to everyone is that how he performs in the courtroom and is perceived could be vitally important to this latest phase of Microsoft's legal odyssey.
"Maybe more than any other Fortune 500 company, we identify Microsoft as Bill ...

FOCUS - 103 of 280 DOCUMENTS

Copyright 2002 The Chronicle Publishing Co.  
 The San Francisco Chronicle

APRIL 24, 2002, WEDNESDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 717 words

HEADLINE: Gates paints bleak picture of remedies

SOURCE: Chronicle Staff Writer

BYLINE: Henry Norr

BODY:
 Kuney's efforts to raise other issues in his cross-examination were blocked by Judge Colleen Kollar-Kotelly, who repeatedly upheld objections by Microsoft attorney Dan Webb.
 "The big news is what didn't happen," said Bob Lande, a University of Baltimore law professor who was in the courtroom for Gates' testimony both yesterday and Monday. "We didn't see the abusive, intolerant, untrustworthy Bill Gates of the videotape," he said, referring to a taped deposition Gates gave in an earlier stage of the 4-year-old case.
 Excerpts from that tape helped turn the original judge, Thomas Penfield Jackson, against Microsoft. Supporters of the plan ...

FOCUS - 104 of 280 DOCUMENTS

Copyright 2002 Daily News, L.P.  
Daily News (New York)

April 23, 2002, Tuesday SPORTS FINAL EDITION

SECTION: BUSINESS; Pg. 49

LENGTH: 505 words

HEADLINE: GATES COURTS BETTER IMAGE Kinder & gentler Microsoft chief says remedies unfair

BYLINE: By NANCY DILLON DAILY NEWS BUSINESS WRITER

BODY:
...an unfair advantage to his competitors.
Dressed in a nondescript blue suit and a smile, he spent ample time explaining even the most common technical terms.
By contrast, in his now infamous videotaped deposition four years ago, Gates quarreled with such words as "concerned" and "market share."
"He knows he didn't do very well the first time around, and his demeanor was much better today," said courtroom observer Bob Lande, a professor at the University of Baltimore and director of the American Antitrust Institute.
"He did not come across as arrogant or condescending or all of those ways we'd describe his video tapes," Lande said.
Gates even brought his pregnant wife Melinda Gates along for the trip and mentioned his two children at the top of his written testimony.
"Criminal defendants will sometimes [highlight their families] in an effort to appear more ...

PERSON: 
MELINDA GATES (95%); WILLIAM HENRY 'BILL' GATES III (73%); COLLEEN KOLLAR-KOTELLY (67%); BOB LANDE (55%); THOMAS PENFIELD JACKSON (55%); 

FOCUS - 105 of 280 DOCUMENTS

Copyright 2002 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

April 23, 2002 Tuesday  Home Edition  
Correction Appended

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

LENGTH: 967 words

HEADLINE: THE NATION;
Gates Takes Stand for Microsoft FOR THE RECORD

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

DATELINE: WASHINGTON

BODY:
...familiar with the states' proposal than they were."
Armed with what seemed like an encyclopedic memory of the states' proposals, Gates battled politely with his questioner down to the tiniest points. At one point, he argued over the word "interoperate."
Howard University law professor Andrew Gavil said the Microsoft chairman had succeeded in presenting a "kinder and gentler Bill than was present in the first trial."
Gates "didn't lose his cool," added Robert H. Lande, a University of Baltimore law professor, who has been sympathetic to the states' antitrust case. "This is a real departure from the Bill Gates we usually see."
Gates to Continue Testimony Today
Gates will return to the witness stand to resume testifying today. And it remains to be seen whether he will fully overcome the damaging effects of his 1998 videotaped deposition in which he appeared aloof, forgetful and defensive.
In that video, Gates slouched in ...

CORRECTION-DATE: April 24, 2002 Wednesday

CORRECTION:
Microsoft trial--A story in Section A on Tuesday incorrectly stated that the nine states suing Microsoft Corp. want the software company to make public the source code for its Windows operating system. The states want Microsoft to make portions of Windows more open to changes by other software developers.

FOCUS - 106 of 280 DOCUMENTS

Copyright 2002 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
San Jose Mercury News

April 23, 2002, Tuesday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K7455

LENGTH: 1262 words

HEADLINE: A calm Gates insists state penalties could force Windows off market

BYLINE: By Heather Fleming Phillips

BODY:
...definitions of common terms such as "market."
But with the fate of the company at stake in the ongoing trial, Microsoft took a calculated risk that its co-founder could redeem himself and his credibility by taking the stand this time around in its defense. So far, courtroom observers gave Gates high marks for his first day on the stand.
''He didn't lose it or explode. He came across good," said Robert Lande, a law professor at the University of Baltimore and close observer of the antitrust case. "It's absolutely essential that he establishes his credibility."
A federal appeals court found last June that Microsoft had violated antitrust laws by abusing its monopoly power in the personal-computer operating system market in 12 different ways. The panel overturned a trial judge's ruling to break the company in two and ...

FOCUS - 107 of 280 DOCUMENTS

Copyright 2002 The Chronicle Publishing Co.  
 The San Francisco Chronicle

APRIL 23, 2002, TUESDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 1063 words

HEADLINE: Restrained Gates testifies at trial;

Microsoft chairman says states' sanctions would 'cripple' company

SOURCE: Chronicle Washington Bureau

BYLINE: Carolyn Lochhead

DATELINE: Washington

BODY:
...told employees to stop trying to make Microsoft Office documents work with rival Internet browsers.
 "We have to stop putting any effort into this," he said in the December 1998 e-mail. "Anything else is suicide for our platform. This is a case where Office has to avoid doing something to (destroy) Windows."
 Gates told the court he was merely telling his engineers to stop wasting time on a project that was failing to make progress.
 Bob Lande, an antitrust professor at the University of Baltimore and a Microsoft critic, gave Gates' testimony a B grade.
 "In terms of demeanor -- and demeanor may be most important at this stage -- he was just fine, not the Bill Gates of the videotapes (in the original trial), who appeared arrogant and evasive," Lande said. "This time he was in control -- a little feisty at times, but definitely in ...

FOCUS - 108 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

April 23, 2002, Tuesday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1241 words

HEADLINE: GENTLER GATES MAKES CASE NOT TO BREAK UP WINDOWS;
MICROSOFT'S LEADER PUTS UP LESS-COMBATIVE FRONT IN COURT

BYLINE: CHARLES POPE P-I Washington correspondent

DATELINE: WASHINGTON

BODY:
...largely unable to knock Gates off-track. Throughout the day, Gates was courteous, and the volume and emotions stayed in check. He was resolute, however, refusing to answer questions until they were stated clearly, and he didn't hesitate to correct or gently edit Kuney's questions.
Independent legal analysts said Gates performed well.
"In terms of demeanor, Gates did what he needed to do. He wasn't arrogant, he didn't explode, he didn't come across as evasive," said Robert Lande, an antitrust professor at the University of Baltimore Law School who has been following the case.
While it is difficult to determine Kuney's effectiveness, his questions were largely designed to show that Gates' interpretation of the states' proposed remedies is far harsher than is generally understood.
Lande and others agreed that Kuney did highlight Gates' unique interpretation of the settlement. Former independent counsel Ken Starr, who has been retained by an anti-Microsoft ...

FOCUS - 109 of 280 DOCUMENTS

Copyright 2002 Computerworld, Inc.  
Computerworld

April 22, 2002

SECTION: NEWS - HIGH; Pg. 6

LENGTH: 451 words

HEADLINE: Remedy Phase Focuses On Witness Credibility;
Antitrust judge starts hearing Microsofts side

BYLINE: Patrick Thibodeau

BODY:
...at The University of Chicago Graduate School of Business. The two men have diametrically opposed views on the case.
Attorneys on both sides attempted to chip away at the witnesses' credibility, but whether or not they made any ground boils down to what Kollar-Kotelly thinks.
She isn't an economist. Her strength is probably "sensing who is telling the truth and who is not telling the truth. That is what judges are really good at," said Bob Lande, a law professor at the University of Baltimore School of Law.
Microsoft began presenting its case last week after four weeks of testimony from 15 witnesses for the states, giving the states their chance to begin attacking the credibility of Microsoft's witnesses.
In the case of Murphy, the states were able to point out that his consulting firm has been doing work for Microsoft for the past four or five years and that most of his work ...

FOCUS - 110 of 280 DOCUMENTS

Copyright 2002 NLP IP Company - American Lawyer Media
All Rights Reserved.  
Legal Times

April 22, 2002

SECTION: COURT WATCH; Pg. 06

LENGTH: 1147 words

HEADLINE: Microsoft: DOJ's Uneasy Role on Sidelines
Asked to weigh in on case between software company and states, Justice offers a little something for both.

BYLINE: By Jonathan Groner

BODY:
...explains that Justice had two purposes in filing the brief.
"Justice had to give the judge a good-faith interpretation of the constitutional and statutory framework, to call it as it saw it. That's part of the government's public interest responsibility, and doing so preserves its credibility," Baker says. "But at the same time, the government took advantage of an opportunity to try to persuade the judge that its settlement was the best resolution for this matter."
Robert Lande, an antitrust professor at the University of Baltimore Law School, goes so far as to say that Microsoft's argument against the states' right to participate is so weak that "it lowers Microsoft's credibility."
"The states clearly have that right," Lande says. "If they didn't, Microsoft would have argued this when the case was originally filed. DOJ just wanted to do and say what was correct and right on this point."
On the other hand, Lande adds, Justice is "making the ...

FOCUS - 111 of 280 DOCUMENTS

Copyright 2002 Gannett Company, Inc.  
USA TODAY

April 22, 2002, Monday, FINAL EDITION

SECTION: MONEY; Pg. 2B

LENGTH: 541 words

HEADLINE: Gates testifies today on Microsoft penalties

BYLINE: Paul Davidson

BODY:
By serving up Chairman Bill Gates as star witness today at a trial to determine Microsoft's antitrust sanctions, the company is taking a big risk in hopes of a modest reward, some legal experts say.
Gates' first appearance in person in the 4-year-old antitrust proceedings "is pivotal because Gates personifies Microsoft," says Bob Lande of University of Baltimore School of Law. "Microsoft is going to try to portray him as an American hero who built the company from nothing: He's made some mistakes, but he's an honorable, trustworthy man and don't skewer him for it."

FOCUS - 112 of 280 DOCUMENTS

Copyright 2002 The Chronicle Publishing Co.  
 The San Francisco Chronicle

APRIL 20, 2002, SATURDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 519 words

HEADLINE: Gates to take stand in Microsoft case;

Testimony Monday will be his first

SOURCE: Chronicle Staff Writer

BYLINE: Henry Norr

BODY:
 "It could be a pivotal moment in the case," said Bob Lande, a professor of law at the University of Baltimore. "In a way, it's all about credibility now."
 Gates' appearance will give him a chance to demonstrate his good faith to the judge, Lande said.
 "There are a lot of complicated technical issues, but there's no question Microsoft broke the law," he said. "The question is how strong the remedies have to be, particularly to keep them from violating it again. Gates will be trying to ...

FOCUS - 113 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

April 20, 2002, Saturday , FINAL

SECTION: BUSINESS, Pg. D1

LENGTH: 827 words

HEADLINE: GATES LIKELY TO LIVEN UP TRIAL;
MICROSOFT TURNS TO ITS LEADER FOR KEY DEFENSE FROM ANTITRUST SANCTIONS

BYLINE: CHARLES POPE P-I Washington correspondent

DATELINE: WASHINGTON

BODY:
...drafts of the testimony he presented in court.
That won't be the case with Gates.  He has been deeply involved in every aspect of the case, and the court record is stuffed with e-mails and other documents  bearing his name.
But although Gates will be an influential witness, legal observers warn that  he will have to avoid repeating the mistakes he made in a videotaped deposition in which he came across as arrogant and evasive.
The primary goal, according to Robert Lande, who teaches antitrust law at the University of Baltimore, is for Gates "to tell the Microsoft story and talk about all the important things the company has done. He wants to portray himself as an entrepreneur and an American hero who's done good things and therefore deserves antitrust immunity for all the good things he's done."
Gates is expected to be cross-examined by Brendan Sullivan, a veteran attorney with a ...

PERSON: 
BRENDAN SULLIVAN (69%); ROBERT LANDE (60%); COLLEEN KOLLAR-KOTELLY (57%); 

FOCUS - 114 of 280 DOCUMENTS

Copyright 2002 The New York Times Company  
The New York Times

April 19, 2002, Friday, Late Edition - Final

SECTION: Section D; Page 8; Column 3; Sports Desk 

LENGTH: 897 words

HEADLINE: SPORTS MEDIA;
Costs to YES and Cablevision Could Prove Steep

BYLINE: By Richard Sandomir 

BODY:
...incentive.
Perhaps only two spurs remain for Cablevision: mass defections to DirecTV or legal action.
The latter would involve federal antitrust law, and there is some doubt that it applies. In simple form, this is a squabble between a buyer and a seller. Does Cablevision's refusal to carry YES mean it is violating antitrust law?
"It sounds like the normal give-and-take in the market," said Robert Lande, a professor at the University of Baltimore Law School and a director of the American Antitrust Institute. "It's not an antitrust violation."
Gene Kimmelman, director of the Washington office of Consumers Union, sees plenty wrong with the stalemate because of its impact on customers, but he does not think antitrust law is being flouted.
"Is Cablevision preventing competition, like DirecTV or RCN, from purchasing the rights to YES?" he said. "No."
But ...

FOCUS - 115 of 280 DOCUMENTS

Copyright 2002 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

April 16, 2002 Tuesday  Home Edition

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

LENGTH: 552 words

HEADLINE: An Unexpected Source Gives Microsoft a Lift;
Technology: Key witness called by states in antitrust trial says he opposes plan to give rivals rights to MSN Explorer Web browser.

BYLINE: JUBE SHIVER Jr., TIMES STAFF WRITER

DATELINE: WASHINGTON

BODY:
...Lacovara said.
Shapiro, a onetime Justice Department economist, acknowledged Netscape's experiment "didn't come out very well."
Although Shapiro did embrace some other state sanctions, his reservations about several of their key proposals represented the biggest blow yet to the nine states that refused to go along with the Justice Department's antitrust settlement with Microsoft.
"It seems to me he didn't help the states a whole lot," said Robert H. Lande, a University of Baltimore law professor who listened in on Shapiro's testimony Monday and has been sympathetic to the states' case.
The states' setback was tempered somewhat later in the day, when the Justice Department filed a brief supporting the right of the holdout states, led by California and Iowa, to continue their case.
In November, the Justice Department joined nine other states in reaching an out-of-court ...

FOCUS - 116 of 280 DOCUMENTS

Copyright 2002 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
San Jose Mercury News

April 14, 2002, Sunday

SECTION: DOMESTIC NEWS

KR-ACC-NO: K3874

LENGTH: 1440 words

HEADLINE: Microsoft to tell its side as trial shifts focus this week

BYLINE: By Heather Fleming Phillips

BODY:
...many instances, the states incorporated language into their proposal that came directly from company recommendations.
"I think their attacks on the competitors and competitors' communications with our offices is just a diversion from the real issues that are in play," said Iowa Attorney General Tom Miller, one of the leaders in the states' antitrust battle. Miller said they met with all parties, including Microsoft representatives, before drafting their proposal.
Antitrust expert Robert Lande, a law professor at the University of Baltimore, said it would amount to "malpractice" for the states not to consult industry on the impact of remedies. But the question is whether Microsoft can prove that the states' adopted recommendations to favor particular companies rather than to benefit the public interest.
As Microsoft begins its defense on Monday, the company plans to zoom in on the negative effects the states' proposed remedy would have not only ...

FOCUS - 117 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

April 13, 2002, Saturday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1120 words

HEADLINE: GATES IS THE STAR WITNESS IN MICROSOFT'S TURN IN COURT

BYLINE: CHARLES POPE P-I Washington correspondent

DATELINE: WASHINGTON

BODY:
...will be made as the case unfolds, an official said.
What is certain is that Microsoft officials are pleased with how the case has unfolded so far. "They haven't proven a strong case, but we can't rest with that," one company official said of the states, calling their remedy a "crazy quilt" assembled to benefit Microsoft's competitors such as Novell, Sun Microsystems and SBC Communications rather than consumers.
Among independent observers, however, opinion is divided. Robert Lande, who has closely followed the case and teaches at the University of Baltimore Law School, says Microsoft's strategy may have overreached in two ways.
First, he said, proving that the remedy sought by the states will benefit competitors requires showing a sinister plot by those companies and the states. "Microsoft is essentially alleging corruption," Lande says. "They have to show something very solid that proves (the states) are doing this to protect those guys and ...

PERSON: 
ROBERT LANDE (68%); COLLEEN KOLLAR-KOTELLY (58%); THOMAS PENFIELD JACKSON (57%); 

FOCUS - 118 of 280 DOCUMENTS

Copyright 2002 The Deal L.L.C.  
Daily Deal (New York, NY)

April 3, 2002 Wednesday

SECTION: RULES OF THE ROAD

LENGTH: 1012 words

HEADLINE: Making up is hard to do

BYLINE: by Jaret Seiberg

BODY:
...damages are $75 million," Spears wrote.
Disgorgement should be used only if the FTC is unable to identify the victims of anticompetitive behavior, he added. "Disgorgement is viable when consumers or other victims who have a cause of action cannot be personally compensated, or when even after that compensation there remain unlawful profits in the wrongdoer's hands," he wrote.
While the private bar argued for limiting disgorgement, American Antitrust Institute senior research scholar Robert Lande said forfeiture of profits is an important agency tool. "It will help deter future violations of antitrust laws," he wrote.
Civil suits by victims of anticompetitive behavior rarely result in the collection of treble damages, which means they are not fully effective in discouraging violations antitrust law, he said.
"The main benefit of the disgorgement remedy is to increase the overall level of deterrence by increasing the total amount of ...

FOCUS - 119 of 280 DOCUMENTS

Copyright 2002 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

April 1, 2002 Monday  Home Edition

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

LENGTH: 1170 words

HEADLINE: TECHNOLOGY;
Ruling on Microsoft Gives States Optimism;
Courts: Judge's move to review broader evidence in antitrust case could result in wider sanctions.

BYLINE: JUBE SHIVER Jr., TIMES STAFF WRITER

DATELINE: WASHINGTON

BODY:
...lets in and how much attention she pays to trial documents that already take up more space than a dozen big-city phone books.
What's more, her willingness to allow testimony about a broad range of new technologies may mean that she is willing to consider more draconian remedy proposals, such as forcing Microsoft to license its source code to outside software developers, said University of Baltimore antitrust professor Robert H. Lande.
*
Banning of Evidence Appears to Be Justified
The jurist appears determined to slog through the thousands of pages of documentary evidence that have been submitted so far. She recently complained about the late hours she's been keeping and wondered aloud whether she could keep it up.
"I've been here until 10 or 11 every night reading testimony and trying to decide if it fits your theory," she told a lawyer for the states during the first week of the trial. ...

FOCUS - 120 of 280 DOCUMENTS

Copyright 2002 Computerworld, Inc.  
Computerworld

March 25, 2002

SECTION: NEWS - HIGH; Pg. 6

LENGTH: 260 words

HEADLINE: Trial Judge: Keep Evidence Focused

BYLINE: Patrick Thibodeau

BODY:
...by the U.S. Court of Appeals last June. "This judge is taking a much closer and more skeptical look at the states' evidence," said Hillard Sterling, an antitrust expert at Gordon & Glickson LLC, a law firm in Chicago.
But legal experts say that may not indicate bias in favor of Microsoft. Rather, they said, Kollar-Kotelly is just being cautious. Robert Lande, an antitrust professor at the University of Baltimore School of Law, said, "The judge wants to be very careful that she creates a record that will not be reversed on appeal."
-- Patrick Thibodeau

FOCUS - 121 of 280 DOCUMENTS

Copyright 2002 The Seattle Times Company  
The Seattle Times

March 24, 2002, Sunday Fourth Edition

SECTION: ROP ZONE; News; Pg. A1

LENGTH: 1475 words

HEADLINE: Judge takes firm, but courteous, control of trial
Microsoft case

BYLINE: Kevin Galvin; Seattle Times Washington bureau

DATELINE: Washington

BODY:
...a key question that could limit the scope of any remedy but offered "guidance" on related issues that seemed to indicate the question will be decided against the states.
"I now understand your approach," she told one of the states' attorneys, leaning back skeptically in her chair. "I'm not going to make any comment on whether I agree with it or not, but I understand."
Learning fast
Bob Lande, a law professor from the University of Baltimore, said Kollar-Kotelly came into the trial "knowing virtually nothing about antitrust and virtually nothing about high-tech."
"But every day that the states present evidence, she's getting more and more educated," he said. "The longer this goes on, the more she'll understand."
Mike Madigan, a prominent Washington attorney who sat on a review committee that recommended ...

FOCUS - 122 of 280 DOCUMENTS

Copyright 2002 Chattanooga Publishing Company  
Chattanooga Times Free Press (Tennessee)

March 22, 2002 Friday

SECTION: BUSINESS; Pg. C2

LENGTH: 837 words

HEADLINE: Judge may consider broader remedy against Microsoft

BYLINE: Seattle Post-Intelligencer

BODY:
...other provisions.
Nine other states want U.S. District Judge Colleen Kollar-Kotelly to issue a broader remedy that applies to such products as hand-held devices, network computing over the Internet and television set-top boxes. Attorneys for the states argue the devices pose a threat to Windows; the remedy must protect "nascent technologies" from Microsoft's "predatory" tendencies, they say.
"This is the critical question," said Bob Lande, who teaches antitrust law at the University of Baltimore and who has been following the Microsoft case closely. "The way she answers the question will determine what remedies she chooses."
The first week, however, offered only limited clues.
On Wednesday, the judge indicated that the states might need to demonstrate a closer relationship between the new Microsoft actions their witnesses were testifying about and the conclusions of the appeals court.
"If these behaviors are not liability findings," she ...

FOCUS - 123 of 280 DOCUMENTS

Copyright 2002 Gale Group, Inc.
ASAP
Copyright 2002 Georgetown University Law Center  
Law and Policy in International Business

March 22, 2002

SECTION: No. 3, Vol. 33; Pg. 527; ISSN: 0023-9208

IAC-ACC-NO: 95914897

LENGTH: 14163 words

HEADLINE: International antitrust at the crossroads: the end of antitrust history or the clash of competition policy civilizations?

BYLINE: Perez, Antonio F.

BODY:
...51 (James Madison) (Clinton Rossiter ed., 1961) (describing the effects of the republican form of government and noting that the public view will be enlarged and refined when passed through the medium of a body of representatives and that factions are to be less feared in part because "communication is always checked by distrust in proportion to the number whose concurrence is necessary").
 (56.) Parker v. Brown, 317 U.S. 341,351-52 (1942).
 (57.) See Robert H. Lande, Professor Waller's Un-American Approach to Antitrust, 32 LOY. U. CHI. LJ. 137, 139-42 (2000).
 (58.) See generally Koen Lenaerts, Constitutionalism and the Many Faces of Federalism, 38 AM. J. COMP. L. 205, 224-25 (1990); Koen Lenaerts, The Principle of Subsidiarity and the Environment in the European Union: Keeping the Balance of Federalism, 17 FORDHAM INT'L L.J. 846, 875- ...

FOCUS - 124 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

March 22, 2002, Friday , FINAL

SECTION: BUSINESS, Pg. C1

LENGTH: 857 words

HEADLINE: STATES WANT REMEDY TO ACCOUNT FOR FUTURE TECHNOLOGY ATTORNEYS SAY MICROSOFT ATTACKS OTHER MARKETS TO PROTECT WINDOWS

BYLINE: CHARLES POPE P-I Washington correspondent

DATELINE: WASHINGTON

BODY:
...among other provisions.
Nine other states, however, want U.S. District Judge Colleen Kollar-Kotelly to issue a broader remedy that applies to such products as hand-held devices, network computing over the Internet and television set-top boxes. Attorneys for the states argue that those devices pose a threat to Windows and therefore the remedy must protect those "nascent technologies" from Microsoft's "predatory" tendencies.
"This is the critical question," said Bob Lande, who teaches antitrust law at the University of Baltimore and who has been following the Microsoft case closely. "The way she answers the question will determine what remedies she chooses."
The first week, however, offered only limited clues.
On Wednesday, the judge indicated that the states might need to demonstrate a closer relationship between the new Microsoft actions their witnesses were testifying about and the conclusions of the appeals court.
"If these behaviors are not liability findings," she ...

FOCUS - 125 of 280 DOCUMENTS

Copyright 2002 The Chronicle Publishing Co.  
 The San Francisco Chronicle

MARCH 19, 2002, TUESDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 949 words

HEADLINE: It's deja vu in Microsoft antitrust case

SOURCE: Chronicle Staff Writer

BYLINE: Henry Norr

BODY:
...settlement plan that would impose relatively limited restrictions on the company's business practices.
 But California, along with Connecticut, Florida, Iowa, Kansas, Massachusetts, Minnesota, Utah and West Virginia, as well as the District of Columbia, rejected that deal.
 They have proposed more-stringent terms, including requiring Microsoft to offer a stripped-down, lower-cost version of Windows and to disclose the code underlying its Internet Explorer Web browser.
 According to Bob Lande, a University of Baltimore law professor who attended the session, the states are pursuing three objectives well established in antitrust law: to restore competition to the marketplace, to prevent the monopolist from engaging in similar actions in the future and to deprive the company of the fruits of its illegal activities.
 In its presentation, Lande said, Microsoft argued that the remedy should focus only on the specific areas -- mostly involving the Web browser and Sun ...

FOCUS - 126 of 280 DOCUMENTS

Copyright 2002 The McGraw-Hill Companies, Inc.  www.mcgraw-hill.com
All rights reserved  
 Business Week

March 18, 2002

SECTION: NEWS; Analysis & Commentary: ANTITRUST; Number 3774; Pg. 41

LENGTH: 643 words

HEADLINE:  BILL GATES ISN'T IN THE CLEAR YET

BYLINE: By Dan Carney in Washington, D.C., with Jay Greene in Seattle

BODY:
...argument. That's because the Justice Dept. agreement only requires Microsoft to allow computer makers and consumers to delete icons and menu items for programs such as Internet Explorer rather than the entire program. Opponents say that won't stop commingling. In contrast, the states proposal directly addresses the court's concerns. ''Given what the [appeals] court said, I think they're on very solid ground here,'' says University of Baltimore law professor Robert H. Lande.
 Microsoft believes otherwise. It has acted as though it has the right to add anything it pleases to Windows. And it has its supporters among independent legal experts. Richard M. Steuer, a partner at Kaye Scholer LLP, says that in its ruling, the appeals court cautioned about judges interfering in software design. He believes that the states have a ''less than 50-50'' shot at winning on this ...

FOCUS - 127 of 280 DOCUMENTS

Copyright 2002 Chicago Tribune Company  
Chicago Tribune

March 18, 2002 Monday, FINAL EDITION

SECTION: Business; Pg. 1; ZONE: CN

LENGTH: 1028 words

HEADLINE: Microsoft, 9 dissenting states begin court battle

BYLINE: By Frank James, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...address newer technologies like hand-held organizers. Such devices did not form the basis of the guilty verdict rendered by District Court Judge Thomas Penfield Jackson.
"That's the critical core question which in my view will determine how successful the states are in getting the remedies they're seeking," Gray said.
"If she cuts that off, that would be a major blow to the states, no question about it," said Bob Lande, a University of Baltimore law professor and antitrust expert.
Kollar-Kotelly appeared to indicate at a recent status hearing for the case that the states' lawyers could have difficulty expanding the case to include other technologies. She questioned their arguments and asked for additional briefs on the issue.
The trial is expected to last at least two months. But legal experts expect that the nearly 4-year-old antitrust ...

FOCUS - 128 of 280 DOCUMENTS

Copyright 2002 Computerworld, Inc.  
Computerworld

March 18, 2002

SECTION: NEWS - HIGH; Pg. 4

LENGTH: 297 words

HEADLINE: A Billion Here, a Billion There

BYLINE: Patrick Thibodeau

BODY:
...at potentially great risk.
Sun and the two other litigants -- Netscape Communications Corp. and recently dissolved Be Inc. in Menlo Park, Calif. -- feel they can afford to challenge what they see as a monopoly. In Be's case, there's probably nothing to lose. Nonetheless, it's a daring undertaking.
"Anyone who sues Microsoft is tugging on Superman's cape, and you don't tug on Superman's cape lightly," said Bob Lande, an antitrust professor at the University of Baltimore School of Law.
Fear of retaliation by Microsoft may keep some potential litigants on the sidelines. "It's not going to be open season on Microsoft," Lande said.
Microsoft also faces risks. The lawsuits filed by Sun and Netscape, in particular, don't merely seek billions of dollars in damages based on the finding in the government's ...

PERSON: 
TYLER BAKER (67%); BOB LANDE (67%); 

FOCUS - 129 of 280 DOCUMENTS

Copyright 2002 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

March 17, 2002 Sunday  Home Edition

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

LENGTH: 1473 words

HEADLINE: The Nation;
;
Microsoft Case Enters Crucial Penalty Phase

BYLINE: JOSEPH MENN, TIMES STAFF WRITER

BODY:
...wrongdoing.
The court found that Microsoft had broken the law 12 times, such as when it threatened not to give Apple a Macintosh version of Office if it shipped Netscape as the default browser on its machine.
Microsoft is only too happy to promise never to do any of those 12 things again.
"The problem is, those items took place five or six years ago. The market is completely different now," said University of Baltimore antitrust professor Robert Lande. "If Microsoft can limit it to those 12 specific items, it's a huge, huge victory."
That's why the states are pulling in the other direction, trying to show that the appeals court's ruling must be taken broadly to prevent Microsoft from using its heft to preserve its current monopoly--even if the threats come from barely foreseeable directions, such as cellular phones.
The other big fight will be over whether the states' demands are even possible to implement. ...

FOCUS - 130 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

March 16, 2002, Saturday , FINAL

SECTION: SPORTS, Pg. C1

LENGTH: 1072 words

HEADLINE: FACE-OFF IN COURT NEARS FOR 9 STATES, MICROSOFT

BYLINE: DAN RICHMAN P-I reporter

BODY:
Nine states Monday will try convincing a federal judge that Microsoft Corp. should face stiffer antitrust penalties than those agreed to by nine other states and the federal government.
The hearing in Washington, which could last two months, breaks new ground in American antitrust law, University of Baltimore law professor Bob Lande said.
Never has a single antitrust case split in two, with some plaintiffs attempting to settle and others pursuing a remedy. How one proceeding will affect the other is unknown.

FOCUS - 131 of 280 DOCUMENTS

Copyright 2002 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

March 9, 2002 Saturday  Home Edition

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

LENGTH: 657 words

HEADLINE: Kollar-Kotelly Delays Trial, Questions Broadening Scope

BYLINE: P.J. HUFFSTUTTER and JOSEPH MENN, TIMES STAFF WRITERS

DATELINE: WASHINGTON

BODY:
...included.
The delay gives the judge time to rule on whether the proposed settlement between the Justice Department and Microsoft is in the public interest and appropriate for the misdeeds found last year by the appeals court.
Both Microsoft and Justice Department attorneys met in Kollar-Kotelly's courtroom Wednesday to argue for the judge's approval of their settlement.
So far, the judge has not indicated when she would rule on the settlement's fairness.
Robert Lande, an antitrust law professor at the University of Baltimore, said delaying the states' trial by a week gave a slight advantage to Microsoft.
If Kollar-Kotelly issues a ruling on the Justice Department settlement before the states' trial starts, it will make it "twice as hard for the states to win," Lande said.
The states want, among other things, to force Microsoft to ...

PERSON: 
COLLEEN KOLLAR-KOTELLY (94%); ROBERT LANDE (61%); 

FOCUS - 132 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

March 09, 2002, Saturday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1013 words

HEADLINE: HERE COMES THE SUN SUIT AGAINST MICROSOFT LEGAL ACTION, SEEKING $1 BILLION IN DAMAGES, IS LARGEST ONE SO FAR

BYLINE: DAN RICHMAN P-I reporter

BODY:
...Sun's Java programming language.
It's being prosecuted by some of the best antitrust firms in the country - and being paid for by a company that can afford it.
It's the seventh legal front in Microsoft's widening, wearying antitrust war, threatening to distract the company from its work and to spread its resources even thinner.
"I have to say, I almost feel sorry for Microsoft," said Bob Lande, a University of Baltimore antitrust professor who has consistently called for harsh penalties against the company. "They are getting clobbered."
Microsoft spokesman Jim Desler responded, "We've proven over the past four years we can innovate while defending ourselves. We will respond to this lawsuit as well as vigorously state our case in the other legal actions."
In a teleconference yesterday morning, Sun general counsel ...

PERSON: 
BOB LANDE (65%); 

FOCUS - 133 of 280 DOCUMENTS

Copyright 2002 The Financial Times Limited  
Financial Times (England)

March 7, 2002, Thursday London Edition 1

SECTION: INSIDE TRACK; Pg. 13

LENGTH: 932 words

HEADLINE: Rebels and the beast of Redmond: Nine US states are fighting the federal government over its deal with Microsoft PATTI WALDMEIR

BYLINE: By PATTI WALDMEIR

BODY:
...Microsoft affair: he hopes their tough critique may "sharpen the teeth" of the judge's review proceedings.
But George Priest, professor of law and economics at Yale University, says he is not so sure the Supreme Court would dismiss Microsoft's complaints that state interference violates the constitution.
Whatever the legal merits of Microsoft's complaints many antitrust experts agree with the company. "We have a crazy system of antitrust in the US," says Robert Lande, fellow of the American Antitrust Institute, noting that his (and my) insignificant home state of Maryland could single-handedly derail even the biggest of deals if it might raise prices for Maryland consumers.
Judge Richard Posner, one of America's pre-eminent contemporary legal thinkers, has taken the lead in criticising the role of states in antitrust, not least because state interference reportedly torpedoed his own efforts to mediate ...

FOCUS - 134 of 280 DOCUMENTS

Copyright 2002 McClatchy Newspapers, Inc.  
Fresno Bee (California)

March 6, 2002, Wednesday FINAL EDITION

SECTION: BUSINESS; Pg. C1; MICROSOFT ANTITRUST CASE

LENGTH: 524 words

HEADLINE: Contentious settlement is focus of new proceedings

BYLINE: Les Blumenthal BEE WASHINGTON BUREAU

DATELINE: WASHINGTON

BODY:
...for their sanctions in a proceeding that could take a month or more.
Microsoft founder Gates was on the list of possible witnesses the company has indicated it might call. Gates has yet to testify in open court in the antitrust litigation, though a videotape of his questioning by Justice Department lawyers was shown during the earlier trial.
"The problem with Gates testifying is he might be uncoachable and lose his cool," said Robert Lande, a law professor at the University of Baltimore. "But if he wants to do it, his lawyers can't say no." Microsoft spokesman Jim Desler said a decision on whether Gates will testify will be made as the hearing unfolds.
Kollar-Kotelly could undercut the states' arguments if she rules to immediately accept the pact Microsoft and the Justice Department negotiated.
The Justice Department received more than 32,000 comments from the public about the Microsoft ...

FOCUS - 135 of 280 DOCUMENTS

Copyright 2002 Knight Ridder/Tribune Business News
Copyright 2002 The News Tribune  
The News Tribune

March 6, 2002, Wednesday

KR-ACC-NO: TC-MICROSOFT

LENGTH: 936 words

HEADLINE: Microsoft, Justice Department to Defend Antitrust Settlement

BYLINE: By Les Blumenthal

BODY:
...sanctions in a proceeding that could take a month or more. Gates, Microsoft's co-founder, was on the list of possible witnesses the company has indicated it might call. Gates has yet to testify in open court in the antitrust litigation, though a videotape of his questioning by Justice Department lawyers was shown during the earlier trial.
"The problem with Gates testifying is he might be uncoachable and lose his cool," said Robert Lande, a law professor at the University of Baltimore. "But if he wants to do it, his lawyers can't say no."
A Microsoft spokesman, Jim Desler, said a decision on whether Gates will testify will be made as the hearing unfolds.
Kollar-Kotelly could undercut the states' arguments if she rules to immediately accept the pact Microsoft and the Justice Department negotiated in what is called a Tunney Act proceeding. Under the 1974 ...

PERSON: 
ROBERT LANDE (75%); COLLEEN KOLLAR-KOTELLY (74%); 

FOCUS - 136 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

March 05, 2002, Tuesday , FINAL

SECTION: BUSINESS, Pg. D1

LENGTH: 672 words

HEADLINE: BIG DAY AT HAND FOR MICROSOFT JUDGE TO WEIGH SETTLEMENT TOMORROW; OTHER STATES WILL ASK FOR STRIPPED-DOWN WINDOWS AT MONDAY HEARING

BYLINE: DAN RICHMAN P-I reporter

BODY:
...one hour to try persuading Kollar-Kotelly to accept the agreement.
The states that have agreed to settle are Illinois, Kentucky, Louisiana, Maryland, Michigan, New York, North Carolina, Ohio and Wisconsin.
Then at least five organizations opposing the settlement will get 10 minutes each for their presentations. They are the Computer & Communications Industry Association, the Software & Information Industry Association, ProComp, SBC Communications Inc. and the American Antitrust Institute.
Bob Lande, a member of that antitrust lawyers' group and a professor at the University of Baltimore, said the group will emphasize Microsoft's failure to fully disclose its lobbying contacts with Congress and the Justice Department's failure to fully analyze alternatives to the proposal.
It's not known how long the hearing will last or when Kollar-Kotelly will reach her decision. Nothing in the Tunney Act sets a time limit on her ...

FOCUS - 137 of 280 DOCUMENTS

Copyright 2002 The Chronicle Publishing Co.  
 The San Francisco Chronicle

MARCH 1, 2002, FRIDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 898 words

HEADLINE: Microsoft, Justice modify settlement;

Opponents argue changes to antitrust deal are superficial

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...elected to push for their own set of penalties.
 Legal scholars said yesterday's adjustments are part of Microsoft's legal strategy to blunt the dissenting states' case. In addition to forcing the world's No. 1 softwaremaker to sell a stripped-down version of Windows, the nine litigating states want Microsoft to release the code for its Internet Explorer Web browsing program. Microsoft has called such proposals "draconian" and "radical."
 Bob Lande, an antitrust law professor at the University of Baltimore, said Microsoft is hoping Judge Kollar-Kotelly will approve the Justice Department settlement quickly, which would make the remaining states' path far more arduous. That case is scheduled to go to court March 11.
 Microsoft filed a motion Wednesday asking the judge to throw out the holdout states' claims. The company argued that the tougher restrictions would supersede the Justice ...

FOCUS - 138 of 280 DOCUMENTS

Copyright 2002 Bulletin Broadfaxing Network, Inc.  
The Bulletin's Frontrunner

February 28, 2002, Thursday

SECTION: Washington's Schedule

LENGTH: 2835 words

HEADLINE: Today's Events In Washington.

BODY:
...Dan Crippen. Closed press. Location: Room H-122, Capitol. Notes: Members and Crippen will be available for a stakeout at 9:30 a.m. in the Hall of Columns.
MICROSOFT _ 9:15 a.m. The Washington Legal Foundation holds a media briefing, "Microsoft Endgame?: Judging the Settlement and the States' Objections," with George Priest, Yale Law School; A. Douglas Melamed, Wilmer, Cutler & Pickering; Robert Lande, University of Baltimore; and Gene Schaerr, Sidley Austin Brown & Wood. Location: M.J. Murdock Center for Free Enterprise, Washington Legal Foundation, 2009 Massachusetts Ave. NW.
LEGAL IMMIGRANTS _ 9:30 a.m. Brookings Institution holds a forum on whether legal immigrants should receive public benefits, with Rep. Thomas Tancredo, Rep. Xavier Becerra, others. Location: Falk Auditorium, 1775 Massachusetts Ave. ...

FOCUS - 139 of 280 DOCUMENTS 

Copyright 2002 Federal News Service, Inc.  

FNS DAYBOOK 

February 28, 2002 Thursday 

EDITION: FINAL 

LENGTH: 114 words 

EVENT: BRIEFING - WASHINGTON LEGAL FOUNDATION 

PARTICIPANTS: George Priest, Yale Law School; A. Douglas Melamed, Wilmer, Cutler & Pickering, and former acting assistant attorney general; Robert Lande, American Antitrust Institute and University of Baltimore Law School; and Gene Schaerr, counsel, Association for Competitive Technology 

FOCUS - 140 of 280 DOCUMENTS 

Copyright 2002 Federal Information and New Dispatch, Inc.  

The Washington Daybook 

February 28, 2002 

ORGANIZATION: Washington Legal Foundation - presents a Media Nosh, "Microsoft Endgame?: Judging the Settlement and States' Objections." 

TIME: 9:15 a.m. 

LOCATION: M.J. Murdock Center for Free Enterprise, Washington Legal Foundation, 2009 Massachusetts Avenue NW, Washington, DC 

PARTICIPANTS: George Priest, Yale Law School; A. Douglas Melamed, Wilmer, Cutler & Pickering, and former acting assistant attorney general; Robert Lande, American Antitrust Institute and University of Baltimore Law School; and Gene Schaerr, counsel, Association for Competitive Technology 

LOAD-DATE: February 26, 2002 

FOCUS - 141 of 280 DOCUMENTS

Copyright 2002 The Times Mirror Company; Los Angeles Times
 All Rights Reserved  
Los Angeles Times

February 21, 2002 Thursday  Home Edition

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

LENGTH: 712 words

HEADLINE: Microsoft Said to Profit From Accord;
Courts: Vice president admits consent decree improves the firm's bargaining position.

BYLINE: JOSEPH MENN, TIMES STAFF WRITER

BODY:
...property issue, were filed by California and eight other states opposed to the controversial Justice Department settlement. The states asked U.S. District Judge Colleen Kollar-Kotelly to consider Fade's testimony in a fairness hearing next month on the proposed deal.
The new evidence is strong enough that it could make a difference in whether Kollar-Kotelly blesses the pact, said antitrust law professor Robert Lande of the University of Baltimore.
"This certainly makes it less likely that the judge is going to approve it," Lande said. "You've got a Microsoft executive admitting that the proposed settlement actually improves their bargaining position. It's what some of the critics have been saying all along, but it's the proof.
"It's a mind-boggling document," Lande said.
In their filing, the states wrote, "Years of litigation, millions of dollars of expense, and ...

PERSON: 
RICHARD FADE (72%); COLLEEN KOLLAR-KOTELLY (59%); ROBERT LANDE (58%); 

FOCUS - 142 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

February 20, 2002, Wednesday , FINAL

SECTION: BUSINESS, Pg. E2

LENGTH: 728 words

HEADLINE: MICROSOFT IS SUED AGAIN

BYLINE: DAN RICHMAN P-I reporter

BODY:
...in November 2000 and its technology assets were sold to a subsidiary of Palm Inc. But it retained the right to sue as a corporation.
The suit is being brought by Stephen Susman, a Houston attorney who won a settlement against Microsoft in January 2000 on behalf of Caldera, another operating system vendor.
"He is a formidable foe, a very brilliant plaintiff's lawyer," said Bob Lande, an antitrust professor at the University of Baltimore. "Be will probably do what Caldera did: settle, preferably on private terms."
In other antitrust news:
Microsoft has agreed to show its Windows source code to the nine non-settling states in the antitrust case, under conditions controlled by a protective order. The states want to see whether some code can be removed from Windows without destroying the product's functioning. ...

FOCUS - 143 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

February 09, 2002, Saturday , FINAL

SECTION: BUSINESS, Pg. D2

LENGTH: 706 words

HEADLINE: HEARING SET FOR ARGUMENTS IN MICROSOFT CASE DATE IS ONE WEEK BEFORE JUDGE WILL HEAR FROM STATES AGAINST SETTLEMENT

BYLINE: CHARLES POPE P-I Washington correspondent

DATELINE: WASHINGTON

BODY:
...Massachusetts.
That timeline, according to legal analysts, is a victory for the non-settling states because it will allow them to argue their case before Kollar-Kotelly declares whether the settlement is sufficient.
Microsoft spokesman Jim Desler, however, said it's reasonable to believe Kollar-Kotelly could make a quick ruling. "Our contention is, with all the evidence gathered through the public comment period and follow-up briefs, only that is required," he said.
Bob Lande, who teaches antitrust law at the University of Baltimore, said it would be impossible for the judge to decide that fast.
"For her to make the decision in a week, that would be a rush to judgment," he said, noting that the judge in the AT&T antitrust case took seven months to issue a decision in a case that is less complex than the one involving Microsoft.
At issue in the March 4 ...

FOCUS - 144 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

February 08, 2002, Friday , FINAL

SECTION: BUSINESS, Pg. D1

LENGTH: 524 words

HEADLINE: MICROSOFT, JUSTICE MAY CHANGE ANTITRUST ACCORD

BYLINE: DAN RICHMAN P-I reporter

BODY:
...settlement and roughly 7,500 favored it. Another 7,000 didn't express a view pro or con.
Even faced with such massive resistance, Microsoft said it would offer only minor changes.
"If there are any changes to be made - and that's a big 'if'- they'd be refinements and not major changes," Microsoft spokesman Jim Desler said yesterday. "It doesn't mean this thing is open to negotiation."
University of Baltimore law professor Bob Lande said he is "mostly puzzled" by the hint that Microsoft and the government might agree to some changes on their own.
"One theory is that any objective observer would see it's a thoroughly inadequate settlement, so Microsoft is trying to be proactive and show the judge they're flexible, hoping she will be easier on them," Lande said.
Besides the Justice Department and Microsoft, participation in the court hearing should be limited to the nine states that signed the ...

PERSON: 
BOB LANDE (55%); 

FOCUS - 145 of 280 DOCUMENTS

Copyright 2002 Nationwide News Pty Limited  
Townsville Bulletin/Townsville Sun (Australia)

February 4, 2002, Monday

SECTION: SWITCHED ON; Pg. 18

LENGTH: 477 words

HEADLINE: World Wide Web War II

BODY:
 Netscape Communications, the Silicon Valley pioneer defeated by Microsoft in the internet browser wars, has filed a civil antitrust suit seeking damages from the software giant potentially worth billions of dollars.
The lawsuit is certain to further inflame the long-contentious relationship between Microsoft and media giant AOL Time Warner, which acquired Netscape in 1999.
"This is the clash of titans," said Robert Lande, an antitrust expert at the University of Baltimore. "People have been talking about these companies in a war over the next decade. This may be the first battle."

FOCUS - 146 of 280 DOCUMENTS

Copyright 2002 Star Tribune  
Star Tribune (Minneapolis, MN)

February 3, 2002, Sunday, Metro Edition

SECTION: NEWS; Pg. 8A

LENGTH: 946 words

HEADLINE: Should Ashcroft recuse himself in Microsoft case?;
As did Enron, software giant gave money to his campaigns

BYLINE: Greg Gordon; Les Blumenthal; Staff Writers

DATELINE: Washington, D.C.

BODY:
...Connecticut Attorney General Richard Blumenthal, among nine attorneys general who have refused to join in the settlement, said Ashcroft has not seemed to be "an active, visible" participant in the case. A recusal decision, he said, "is a personal one he has to make based on his ability to be fair and impartial."
     Iowa Attorney General Tom Miller, who also refused to join in the settlement, declined to comment.
     Yet Bob Lande, a University of Baltimore law professor who has closely monitored the antitrust case, said Microsoft's contributions to Ashcroft could undermine public confidence in the settlement.
     "Absolutely, appearances are important," Lande said. "If he recused himself in Enron, he should have recused himself in Microsoft."
     Ashcroft is the first attorney general to move from the Senate since Ohio Republican William Saxbe in 1974. Richard Thornburgh served as Pennsylvania governor from ...

FOCUS - 147 of 280 DOCUMENTS

Copyright 2002 News World Communications, Inc.  
The Washington Times

January 30, 2002, Wednesday, Final Edition

SECTION: PART C; BUSINESS; Pg. C7

LENGTH: 876 words

HEADLINE: Microsoft pays 9 states $9.4 million; 
Most antitrust fees will go to lawyers in settlement

BYLINE: William Glanz; THE WASHINGTON TIMES

BODY:
...case is obligated to pay plaintiffs' legal costs, according to a federal statute.  An order last week from U.S.  District Judge Colleen Kollar-Kotelly reaffirmed that Microsoft must pay the expenses of the nine settling states.
While substantial, the $9.4 million Microsoft is paying the states likely represents a small expense for the company.
"It won't even be noticed in their bottom line," said Robert H.  Lande, a law professor and antitrust expert at the University of Baltimore School of Law.
Two weeks ago Microsoft reported $7.74 billion in revenue for its second quarter, which ended Dec.  31. That was up 18 percent from $6.55 billion a year ago.
The company said it will take a $660 million charge to cover expenses related to settling more than 100 consumer class- ...

PERSON: 
COLLEEN KOLLAR-KOTELLY (67%); ROBERT H LANDE (58%); 

FOCUS - 148 of 280 DOCUMENTS

Copyright 2002 The Daily Record Co.  
The Daily Record (Baltimore, MD.)

January 28, 2002, Monday

SECTION: Pg. 1Bbtm.inf

LENGTH: 494 words

BYLINE: By Peter Geier; Daily Record Legal Affairs Writer

BODY:
...Newspapers Inc. and Washington and Suburban Press Network Inc., accusing them of unfairly cutting advertising rates and otherwise conspiring to force the plaintiffs out of business.     Berlyn publishes two weekly papers, The Prince George's Gazette and The Montgomery County Sentinel. Rossignol is the owner, editor and publisher of St. Mary's Today, a 10-year-old weekly St. Mary's County community newspaper with a circulation of about 5,000.     Robert H. Lande, an expert in antitrust law at the University of Baltimore School of Law, said he thought the missed deadline could make the plaintiffs' case very difficult to win.     "They have to prove so many things that just can't be proved without an expert witness," Lande said.

FOCUS - 149 of 280 DOCUMENTS

Copyright 2002 The Chronicle Publishing Co.  
 The San Francisco Chronicle

JANUARY 25, 2002, FRIDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 1454 words

HEADLINE: TECH TITANS TUSSLE;

AOL's suit against Microsoft is latest in battle over future of consumer computing

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...it at arm's length everywhere else.
 Given the length of the government's case against Microsoft, which is nearing the four-year mark, the AOL case will probably wear on for at least two or three years, dragging on both companies' resources.
 What remains murky is whether the case will have a tangible effect on the technology landscape.
 The outright browser wars are a thing of the past. But Bob Lande, an antitrust law professor, said the AOL and government cases could radically alter the technology world. For instance, if Microsoft was forced to bundle Netscape with Windows -- a far-fetched idea say other antitrust experts -- it could signal a turning point, as browsers will likely remain the fulcrum of e-commerce, advertising and other markets. Netscape now controls about 20 percent of the Web browser ...

FOCUS - 150 of 280 DOCUMENTS

Copyright 2002 National Journal Group, Inc.  
National Journal's Technology Daily

PM Edition

January 24, 2002, Thursday

LENGTH: 562 words

HEADLINE: ANTITRUST: Antitrust Group Demands Details On Proposed Microsoft; Deal

BYLINE: Drew Clark

BODY:
...competitors and the non-settling state
attorneys general to scuttle the settlement," said Jonathan
Zuck, president of the Association for Competitive Technology.
But Foer, responding to the allegations in a press briefing,
said his group had received no other funding from Microsoft
rivals, even though he said he would be happy to accept it.
The suit asks Justice to explain how the proposed settlement
might impact private litigation. Foer and Bob Lande, an
antitrust professor at the University of Baltimore who is a
board member of AAI, cited two provisions of the proposed
settlement that may serve to insulate Microsoft from private
causes of action.
Late Wednesday, Microsoft filed a separate motion asking
Kollar-Kotelly to compel AOL Time Warner to provide documents
that could be relevant in the lawsuit of the state attorneys
general. And on Thursday, Microsoft supplemented its argument to ...

FOCUS - 151 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

Alameda Times-Star (Alameda, CA) 

January 23, 2002 Wednesday 

SECTION: BUSINESS 

LENGTH: 627 words 

HEADLINE: AOL takes aim at Microsoft;
Lawsuit contests Web browser practices 

DATELINE: WASHINGTON 

BODY: 
...Microsoft in the Netscape matter, found that Microsoft tried to keep consumers from being able to choose Netscape. The appeals court affirmed many of Jackson's decisions. 
Microsoft's business practices "help keep usage of Navigator below the critical level necessary for Navigator or any other rival to pose a real threat to Microsoft's monopoly," the appeals court wrote last year. 
University of Baltimore law professor Bob Lande said of AOL and its lawsuit: "This is a company that obviously can afford it, and wouldn't take the step lightly." 
"I think they've got an excellent chance of success given that the government has established the facts and established that Microsoft has broken the law," he said. 
A judge would still have the challenge of choosing a remedy that would restore competition to the Internet browser market. Netscape has less than 20 percent of the Internet browser market, compared to ...

FOCUS - 152 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

The Argus (Fremont, CA) 

January 23, 2002 Wednesday 

SECTION: BUSINESS 

LENGTH: 627 words 

HEADLINE: AOL takes aim at Microsoft;
Lawsuit contests Web browser practices 

DATELINE: WASHINGTON 

BODY: 
...Microsoft in the Netscape matter, found that Microsoft tried to keep consumers from being able to choose Netscape. The appeals court affirmed many of Jackson's decisions. 
Microsoft's business practices "help keep usage of Navigator below the critical level necessary for Navigator or any other rival to pose a real threat to Microsoft's monopoly," the appeals court wrote last year. 
University of Baltimore law professor Bob Lande said of AOL and its lawsuit: "This is a company that obviously can afford it, and wouldn't take the step lightly." 
"I think they've got an excellent chance of success given that the government has established the facts and established that Microsoft has broken the law," he said. 
A judge would still have the challenge of choosing a remedy that would restore competition to the Internet browser market. Netscape has less than 20 percent of the Internet browser market, compared to ...

FOCUS - 153 of 280 DOCUMENTS

Copyright 2002 Chattanooga Publishing Company  
Chattanooga Times Free Press (Tennessee)

January 23, 2002 Wednesday

SECTION: BUSINESS; Pg. C1

LENGTH: 531 words

HEADLINE: AOL Time Warner files antitrust suit for damages to Netscape Web browser

BYLINE: D. Ian Hopper The Associated Press

BODY:
...who heard the federal government's case against Microsoft in the Netscape matter, found that Microsoft tried to keep consumers from being able to choose Netscape.
Microsoft's business practices "help keep usage of Navigator below the critical level necessary for Navigator or any other rival to pose a real threat to Microsoft's monopoly," the appeals court wrote last year.
University of Baltimore law professor Bob Lande said of AOL and its lawsuit: "This is a company that obviously can afford it, and wouldn't take the step lightly."
"I think they've got an excellent chance of success given that the government has established the facts and established that Microsoft has broken the law," he said.
A judge would still have the challenge of choosing a remedy that would restore competition to the Internet browser market. Netscape has less than 20 percent of the Internet browser market, compared to ...

FOCUS - 154 of 280 DOCUMENTS

Copyright 2002 The Deal L.L.C.  
Daily Deal (New York, NY)

January 23, 2002 Wednesday

SECTION: RULES OF THE ROAD

LENGTH: 932 words

HEADLINE: Questioning justice

BYLINE: by Jaret Seiberg

BODY:
"The Justice Department owes a better explanation," said Robert Lande, a professor at the University of Baltimore who works with the antitrust institute.
The suit also will include Microsoft. AAI charges that the company failed to list all contacts with members of Congress and their staffs. The institute said the Tunney Act requires disclosure of all contacts between the company and government employees.
The antitrust institute said both omissions make it difficult for the public to comment on the proposed settlement. It is ...

FOCUS - 155 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

The Daily Review (Hayward, CA) 

January 23, 2002 Wednesday 

SECTION: BUSINESS 

LENGTH: 627 words 

HEADLINE: AOL takes aim at Microsoft;
Lawsuit contests Web browser practices 

DATELINE: WASHINGTON 

BODY: 
...Microsoft in the Netscape matter, found that Microsoft tried to keep consumers from being able to choose Netscape. The appeals court affirmed many of Jackson's decisions. 
Microsoft's business practices "help keep usage of Navigator below the critical level necessary for Navigator or any other rival to pose a real threat to Microsoft's monopoly," the appeals court wrote last year. 
University of Baltimore law professor Bob Lande said of AOL and its lawsuit: "This is a company that obviously can afford it, and wouldn't take the step lightly." 
"I think they've got an excellent chance of success given that the government has established the facts and established that Microsoft has broken the law," he said. 
A judge would still have the challenge of choosing a remedy that would restore competition to the Internet browser market. Netscape has less than 20 percent of the Internet browser market, compared to ...

FOCUS - 156 of 280 DOCUMENTS

Copyright 2002 National Journal Group, Inc.  
National Journal's Technology Daily

PM Edition

January 23, 2002, Wednesday

LENGTH: 582 words

HEADLINE: ANTITRUST: Legal Experts See Aol Gains In Microsoft Suit

BYLINE: Drew Clark

BODY:
...Yale, although he noted that the case was "complicated by
the fact that America Online" itself played a key role in
Netscape's demise by choosing Microsoft's Internet Explorer as
its default Web browser in 1996.
But some other close observers of the case expressed caution
because of AOL's actions before purchasing Netscape. "Attempting
monopolization [of the browser market] and tying will be a real
catfight," said Bob Lande, a professor at the University of
Baltimore, referring to two violations of law reversed by the
appeals court.
But other than asserting an antitrust violation by Microsoft,
AOL still must prove that Netscape suffered financial harm and
that those damages are attributable to Microsoft, said Jonathan
Zuck, president of the Microsoft-supported Association for
Competitive Technology.
Separately, the American Antitrust Institute announced that it
will file ...

FOCUS - 157 of 280 DOCUMENTS

Copyright 2002 Post-Newsweek Business Information, Inc.  
Newsbytes

January 23, 2002, Wednesday

LENGTH: 771 words

HEADLINE: Group Wants Microsoft To Disclose Contacts With Congress

BYLINE: Brian Krebs;Newsbytes

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

BODY:
...settlement plan ends Monday. AAI wants the judge to extend the comment period, arguing that it cannot make informed judgments about the settlement without knowing for sure whether lawmakers may have influenced the deal.
"Maybe everything's innocuous, but the whole point of the act was to shed light on the settlement and to make sure it was (negotiated) on the merits as opposed to a political deal," said AAI Director Bob Lande. "Maybe the deal is totally on the merits, but we can't do our job until Microsoft and the government do theirs under the Tunney Act."
The AAI brief also will allege that the Justice Department failed to explain why it did not adopt other remedies under consideration prior to the settlement. The Tunney Act requires the government to "describe and explain" alternative remedies that may have been considered.
Lande said the proposed final judgment signed by the Microsoft and the government ...

PERSON: 
JENNIFER DUNN (61%); ERNEST GELLHORN (59%); BOB LANDE (59%); COLLEEN KOLLAR-KOTELLY (59%); 

FOCUS - 158 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

The Oakland Tribune (Oakland, CA) 

January 23, 2002 Wednesday 

SECTION: BUSINESS 

LENGTH: 627 words 

HEADLINE: AOL takes aim at Microsoft;
Lawsuit contests Web browser practices 

DATELINE: WASHINGTON 

BODY: 
...Microsoft in the Netscape matter, found that Microsoft tried to keep consumers from being able to choose Netscape. The appeals court affirmed many of Jackson's decisions. 
Microsoft's business practices "help keep usage of Navigator below the critical level necessary for Navigator or any other rival to pose a real threat to Microsoft's monopoly," the appeals court wrote last year. 
University of Baltimore law professor Bob Lande said of AOL and its lawsuit: "This is a company that obviously can afford it, and wouldn't take the step lightly." 
"I think they've got an excellent chance of success given that the government has established the facts and established that Microsoft has broken the law," he said. 
A judge would still have the challenge of choosing a remedy that would restore competition to the Internet browser market. Netscape has less than 20 percent of the Internet browser market, compared to ...

FOCUS - 159 of 280 DOCUMENTS

Copyright 2002 Knight Ridder/Tribune News Service
 Knight Ridder/Tribune News Service  
San Jose Mercury News

January 23, 2002, Wednesday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K4797

LENGTH: 905 words

HEADLINE: AOL sues Microsoft over browser wars

BYLINE: By Kristi Heim

BODY:
...Communications, the Silicon Valley pioneer defeated by Microsoft in the Internet browser wars, filed a civil antitrust suit Tuesday seeking damages from the software giant that are potentially worth billions of dollars.
The lawsuit is certain to further inflame the long-contentious relationship between Microsoft and media giant AOL Time Warner, which acquired Mountain View, Calif.-based Netscape in 1999.
"This is the clash of titans," said Robert Lande, an antitrust expert at the University of Baltimore. "People have been talking about these companies in a war over the next decade. This may be the first battle."

FOCUS - 160 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

San Mateo County Times (San Mateo, CA) 

January 23, 2002 Wednesday 

SECTION: BUSINESS 

LENGTH: 627 words 

HEADLINE: AOL takes aim at Microsoft;
Lawsuit contests Web browser practices 

DATELINE: WASHINGTON 

BODY: 
...Microsoft in the Netscape matter, found that Microsoft tried to keep consumers from being able to choose Netscape. The appeals court affirmed many of Jackson's decisions. 
Microsoft's business practices "help keep usage of Navigator below the critical level necessary for Navigator or any other rival to pose a real threat to Microsoft's monopoly," the appeals court wrote last year. 
University of Baltimore law professor Bob Lande said of AOL and its lawsuit: "This is a company that obviously can afford it, and wouldn't take the step lightly." 
"I think they've got an excellent chance of success given that the government has established the facts and established that Microsoft has broken the law," he said. 
A judge would still have the challenge of choosing a remedy that would restore competition to the Internet browser market. Netscape has less than 20 percent of the Internet browser market, compared to ...

FOCUS - 161 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

January 23, 2002, Wednesday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 983 words

HEADLINE: AOL SUES MICROSOFT;
COMPANY CLAIMS DAMAGE TO NETSCAPE MARKET SHARE

BYLINE: DAN RICHMAN P-I reporter

BODY:
AOL Time Warner is the first business to seek damages based on economic harm purportedly done by Microsoft in the mid-1990s, said University of Baltimore law professor Bob Lande.
"This could be the opening of the gates" for other companies to file suits against Microsoft or to join AOL Time Warner's, Lande said.
Eighteen states and the Justice Department brought suit against Microsoft in May 1998. Hundreds of private antitrust actions have been filed by consumers. And the European Commission is pursuing its own antitrust investigation. But so far no damages have been paid to any company allegedly injured by ...

PERSON: 
BOB LANDE (69%); 

FOCUS - 162 of 280 DOCUMENTS 

Copyright 2002 Toronto Star Newspapers, Ltd.  

Toronto Star 

January 23, 2002 Wednesday Ontario Edition 

SECTION: BUSINESS; Pg. E04 

LENGTH: 314 words 

HEADLINE: AOL taking Microsoft to court 

BYLINE: AP 

BODY: 
...lawsuit yesterday, in the U.S. District Court for the District of Columbia. Under federal law, AOL would be entitled to triple any actual damages found by the court. 
One possible option, if a judge rules in favour of AOL, would be to force Microsoft to sell a stripped-down version of Windows so computer manufacturers can choose which Internet browser to offer. 
University of Baltimore law professor Bob Lande said, "(AOL) is a company that obviously can afford it, and wouldn't take the step lightly. 
"I think they've got an excellent chance of success given that the government has established the facts and established that Microsoft has broken the law." 
A judge would still face the challenge of choosing a remedy to restore competition to the Internet browser market. 
"You can't literally put the market back in the competitive position it was ...

PERSON: ... BOB LANDE (65%);  

FOCUS - 163 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

Tri-Valley Herald (Pleasanton, CA) 

January 23, 2002 Wednesday 

SECTION: BUSINESS 

LENGTH: 627 words 

HEADLINE: AOL takes aim at Microsoft;
Lawsuit contests Web browser practices 

DATELINE: WASHINGTON 

BODY: 
...Microsoft in the Netscape matter, found that Microsoft tried to keep consumers from being able to choose Netscape. The appeals court affirmed many of Jackson's decisions. 
Microsoft's business practices "help keep usage of Navigator below the critical level necessary for Navigator or any other rival to pose a real threat to Microsoft's monopoly," the appeals court wrote last year. 
University of Baltimore law professor Bob Lande said of AOL and its lawsuit: "This is a company that obviously can afford it, and wouldn't take the step lightly." 
"I think they've got an excellent chance of success given that the government has established the facts and established that Microsoft has broken the law," he said. 
A judge would still have the challenge of choosing a remedy that would restore competition to the Internet browser market. Netscape has less than 20 percent of the Internet browser market, compared to ...

FOCUS - 164 of 280 DOCUMENTS

Copyright 2002 Gannett Company, Inc.  
USA TODAY

January 23, 2002, Wednesday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 459 words

HEADLINE: Microsoft faces another lawsuit

BYLINE: Paul Davidson

BODY:
But the AOL lawsuit is broader, alleging that Microsoft also monopolized the browser market and illegally tied its Internet Explorer browser to Windows.
The government made similar claims earlier, but the appeals court rejected a judge's favorable rulings.
If AOL wins, "This could serve as a basis for more wide-ranging relief," says Bob Lande, law professor at the University of Baltimore.
In the lawsuit, AOL seeks to prevent further harm to the Netscape browser and unspecified monetary damages. Microsoft's Vivek Varma says AOL is using the "legal system" to gain in the marketplace.
The U.S. Justice Department and nine states last fall reached a settlement with Microsoft that would force it to let PC makers more easily promote non-Microsoft products, ...

FOCUS - 165 of 280 DOCUMENTS

Copyright 2002 Warren Publishing, Inc.  
WARREN'S CABLE REGULATION MONITOR

January 21, 2002, Monday

SECTION: THIS WEEK'S NEWS

LENGTH: 952 words

HEADLINE: MERGER REVIEW AGREEMENT BETWEEN FTC AND DOJ NOW UNCERTAIN

BODY:
...former FTC Competition Bureau dir. and current O'Melveny & Myers attorney, said it was "very good idea" because it would allow each agency to develop and retain expertise in certain areas.  Parker headed FTC's review of AOL Time Warner and said FTC staffers had "tremendous" experience in media reviews, but said the staff's experience was diverse and not centered on media issues.  Both Parker and Robert Lande, former FTC Competition Bureau staffer and current American Antitrust Institute senior research fellow, said nearly all jurisdictional negotiations between FTC and DoJ were handled amicably.  Thompson said FTC and Justice reportedly disagreed over which should handle more than 7,000 antitrust reviews in last few years, but only 32 of those cases have taken more than 15 days to resolve jurisdictional issues.

FOCUS - 166 of 280 DOCUMENTS

Copyright 2002 Warren Publishing, Inc.  
Communications Daily

January 18, 2002, Friday

SECTION: TODAY'S NEWS

LENGTH: 988 words

HEADLINE: MERGER REVIEW AGREEMENT BETWEEN FTC AND DOJ NOW UNCERTAIN

BODY:
...former FTC Competition Bureau dir. and current O'Melveny & Myers attorney, said it was "very good idea" because it would allow each agency to develop and retain expertise in certain areas.  Parker headed FTC's review of AOL Time Warner and said FTC staffers had "tremendous" experience in media reviews, but said the staff's experience was diverse and not centered on media issues.  Both Parker and Robert Lande, former FTC Competition Bureau staffer and current American Antitrust Institute senior research fellow, said nearly all jurisdictional negotiations between FTC and DoJ were handled amicably.  Thompson said FTC and Justice reportedly disagreed over which should handle more than 7,000 antitrust reviews in last few years, but only 32 of those cases have taken more than 15 days to resolve jurisdictional issues.
FCC ...

FOCUS - 167 of 280 DOCUMENTS

Copyright 2002 Warren Publishing, Inc.  
WASHINGTON INTERNET DAILY

JANUARY 18, 2002

SECTION: Vol.3, No.13

LENGTH: 1059 words

HEADLINE: Merger Review Agreement Between FTC and DoJ Now Uncertain

BODY:
...FTC Competition Bureau dir. and current O'Melveny & Myers attorney, said it was a "very good idea" because it would allow each agency to develop and retain expertise in certain areas.  Parker headed the FTC's review of AOL Time Warner and said FTC staffers had "tremendous" experience in media reviews, but said the staff's experience was diverse and not centered on media issues.  Both Parker and Robert Lande, former FTC Competition Bureau staffer and current American Antitrust Institute senior research fellow ,said nearly all jurisdictional negotiations between FTC and DoJ were handled amicably.  Thompson said the FTC and Justice reportedly disagreed over which should handle more the than 7,000 antitrust reviews in the last few years, but only 32 of those cases have taken more than 15 days to resolve jurisdictional issues. -- Terry ...

FOCUS - 168 of 280 DOCUMENTS

Copyright 2002 The Federal Capital Press of Australia Pty Limited  
Canberra Times (Australia)

January 14, 2002 Monday Final Edition

SECTION: A; Pg. 11

LENGTH: 1066 words

HEADLINE: Microsoft's 'settlement' plan thrown out of court;
Thousands of poor public schools to miss out on free PCs but Apple sighs with relief

BYLINE: Joe Wilcox

BODY:
...used by eligible schools'. The likely outcome would be a decline in the development of software designed for use in the Apple computers, further reducing the attractiveness of Apple products over time, he said. Giving away software to schools raised antitrust concerns too, Motz concluded. He agreed with opponents who argued that the software give-away could be viewed as 'court-approved predatory pricing'. 'Good for the judge,' said Bob Lande, an antitrust professor with the University of Baltimore Law School. 'The judge is protecting the public from getting ripped off by Microsoft and the coalition of greedy plaintiff attorneys.' Apple could not yet be reached for comment. Motz rejected the deal also because he concluded that the court record had not been developed enough to assess reasonably what damages the plaintiffs might have obtained in court. He added that the $1 billion value did not fall into 'the range of possible ...

FOCUS - 169 of 280 DOCUMENTS 

Copyright 2002 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

January 12, 2002 Saturday FINAL EDITION 

SECTION: TELEGRAPH, Pg. 1A 

LENGTH: 942 words 

HEADLINE: Judge rejects Microsoft settlement;
 Motz finds offer too self-serving 

BYLINE: Paul Adams 

SOURCE: SUN STAFF 

BODY: 
...in March in Washington.
Legal experts said Motz's decision won't have any legal effect on the Justice Department's action, but the additional defeat could give a psychological boost to attorneys pursuing a tougher settlement in the federal antitrust case. It also delays any settlement of the software company's considerable legal battles.
"They've lost many cases in the courts now," said Robert Lande, an antitrust expert and law professor at the University of Baltimore. "They keep losing in court, so this is yet another Microsoft loss that could give sustenance to other attorneys pursuing the relief matter in Washington."
Motz's decision was praised by critics of the agreement, who argued that the settlement was too small and would only serve to increase Microsoft's market penetration. "We're delighted that the judge wrote a very considered and appropriate opinion," ...

FOCUS - 170 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

January 12, 2002, Saturday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 726 words

HEADLINE: MICROSOFT DEAL IS REJECTED SCHOOL PLAN WOULD HAVE LED TO UNFAIR ADVANTAGE, JUDGE SAYS

BYLINE: DAN RICHMAN P-I reporter

BODY:
...Richard Grossman, a partner with the law firm of Townsend and Townsend and Crew LLP. "I credit Motz for following the law." He said he is eager to begin litigation.
The ruling was just the latest of several big antitrust defeats Microsoft has suffered recently.
It's "the latest event to turn what looked like an easy stroll out of the antitrust thicket into a series of stumbles," said University of Baltimore law professor Bob Lande.
In early November, Microsoft reached a settlement in the 3-year-old antitrust suit with what initially appeared to be all 18 states plus the Justice Department. No breakup, no fines, and no stringent controls on its business behavior were imposed.
Then, nine states split off, seeking a harsher remedy for Microsoft.
On Monday of this week, U.S. District Judge Colleen Kollar- ...

FOCUS - 171 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

Alameda Times-Star (Alameda, CA) 

January 8, 2002 Tuesday 

SECTION: BUSINESS 

LENGTH: 501 words 

HEADLINE: Microsoft suit gets green light;
Judge puts off request to delay trial 

DATELINE: WASHINGTON 

BODY: 
...well as their differences. The judge said she would use the report to speed up the process, in which she will have to decide what penalties the company should face for limiting consumer choice and breaking antitrust law. 
Both Webb and Brendan Sullivan, the lead attorney for the states, expressed doubts they could come to any agreements, but Kollar-Kotelly did not relent. 
"Hope springs eternal from the court's side," she said. 
University of Baltimore law professor Bob Lande said the judge's denial of Microsoft's request was a major blow to the company. Delay of the remedy hearing could allow more time for the judge to approve a settlement reached by the federal government and nine other states, which would hurt the remaining states' case. 
The states that did not sign onto that settlement are Iowa, California, Connecticut, West Virginia, Utah, Minnesota, Kansas, Florida and Massachusetts. Those remaining states, as well as the District of Columbia, ...

FOCUS - 172 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

The Argus (Fremont, CA) 

January 8, 2002 Tuesday 

SECTION: BUSINESS 

LENGTH: 501 words 

HEADLINE: Microsoft suit gets green light;
Judge puts off request to delay trial 

DATELINE: WASHINGTON 

BODY: 
...well as their differences. The judge said she would use the report to speed up the process, in which she will have to decide what penalties the company should face for limiting consumer choice and breaking antitrust law. 
Both Webb and Brendan Sullivan, the lead attorney for the states, expressed doubts they could come to any agreements, but Kollar-Kotelly did not relent. 
"Hope springs eternal from the court's side," she said. 
University of Baltimore law professor Bob Lande said the judge's denial of Microsoft's request was a major blow to the company. Delay of the remedy hearing could allow more time for the judge to approve a settlement reached by the federal government and nine other states, which would hurt the remaining states' case. 
The states that did not sign onto that settlement are Iowa, California, Connecticut, West Virginia, Utah, Minnesota, Kansas, Florida and Massachusetts. Those remaining states, as well as the District of Columbia, ...

FOCUS - 173 of 280 DOCUMENTS

Copyright 2002 Chicago Tribune Company  
Chicago Tribune

January 8, 2002 Tuesday, NORTH SPORTS FINAL EDITION

SECTION: Business; Pg. 3; ZONE: N

LENGTH: 287 words

HEADLINE: Microsoft loses bid to delay hearings

BYLINE: From Tribune news services.

DATELINE: WASHINGTON

BODY:
"The court put in place an intensive and expedited schedule," Kollar-Kotelly said. "Certainly no one can claim that they lack resources."
The decision against delay means the remedy hearings remain on a parallel track with separate hearings on a proposed settlement of the case reached between the U.S. Justice Department and nine other states.
University of Baltimore law professor Bob Lande said the judge's denial of Microsoft's request was a major blow to the company. Delay of the remedy hearings could allow more time for the judge to approve a settlement reached by the federal government and nine other states, which would hurt the remaining states' case.
Nine states, as well as the District of Columbia, decided to hold out for stricter penalties for breaking antitrust law and hurting consumers. The states that did not ...

FOCUS - 174 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

The Daily Review (Hayward, CA) 

January 8, 2002 Tuesday 

SECTION: BUSINESS 

LENGTH: 501 words 

HEADLINE: Microsoft suit gets green light;
Judge puts off request to delay trial 

DATELINE: WASHINGTON 

BODY: 
...well as their differences. The judge said she would use the report to speed up the process, in which she will have to decide what penalties the company should face for limiting consumer choice and breaking antitrust law. 
Both Webb and Brendan Sullivan, the lead attorney for the states, expressed doubts they could come to any agreements, but Kollar-Kotelly did not relent. 
"Hope springs eternal from the court's side," she said. 
University of Baltimore law professor Bob Lande said the judge's denial of Microsoft's request was a major blow to the company. Delay of the remedy hearing could allow more time for the judge to approve a settlement reached by the federal government and nine other states, which would hurt the remaining states' case. 
The states that did not sign onto that settlement are Iowa, California, Connecticut, West Virginia, Utah, Minnesota, Kansas, Florida and Massachusetts. Those remaining states, as well as the District of Columbia, ...

FOCUS - 175 of 280 DOCUMENTS

Copyright 2002 The New York Times Company  
The New York Times

January 8, 2002, Tuesday, Late Edition - Final

SECTION: Section C;  Page 4;  Column 3;  Business/Financial Desk  

LENGTH: 404 words

HEADLINE: TECHNOLOGY;
Federal Judge Rejects Microsoft's Request for Delay in Trial

BYLINE: AP  

DATELINE: WASHINGTON, Jan. 7

BODY:
...judge said she would use the report to speed the process, in which she is to decide what penalties the company should face for limiting consumer choice and breaking antitrust law.
Both Mr. Webb and Brendan Sullivan, the lead lawyer for the states, expressed doubt that they could come to any agreements, but Judge Kollar-Kotelly did not seem to relent.
"Hope springs eternal from the court's side," she remarked.
A University of Baltimore law professor, Robert Lande, said the judge's denial of Microsoft's request was a major blow to the company. A delay of the remedy hearing might have allowed more time for the judge to approve a settlement reached by the Justice Department and nine other states, which would hurt the case of the remaining states.
The states that did not sign onto that settlement are Iowa, California, Connecticut, West Virginia, Utah, Minnesota, Kansas, Florida and Massachusetts. They, as well as the District of Columbia, ...

FOCUS - 176 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

The Oakland Tribune (Oakland, CA) 

January 8, 2002 Tuesday 

SECTION: BUSINESS 

LENGTH: 501 words 

HEADLINE: Microsoft suit gets green light;
Judge puts off request to delay trial 

DATELINE: WASHINGTON 

BODY: 
...well as their differences. The judge said she would use the report to speed up the process, in which she will have to decide what penalties the company should face for limiting consumer choice and breaking antitrust law. 
Both Webb and Brendan Sullivan, the lead attorney for the states, expressed doubts they could come to any agreements, but Kollar-Kotelly did not relent. 
"Hope springs eternal from the court's side," she said. 
University of Baltimore law professor Bob Lande said the judge's denial of Microsoft's request was a major blow to the company. Delay of the remedy hearing could allow more time for the judge to approve a settlement reached by the federal government and nine other states, which would hurt the remaining states' case. 
The states that did not sign onto that settlement are Iowa, California, Connecticut, West Virginia, Utah, Minnesota, Kansas, Florida and Massachusetts. Those remaining states, as well as the District of Columbia, ...

FOCUS - 177 of 280 DOCUMENTS

Copyright 2002 P.G. Publishing Co.  
Pittsburgh Post-Gazette (Pennsylvania)

January 8, 2002 Tuesday REGION EDITION

SECTION: MISCELLANEOUS, Pg.X-1

LENGTH: 268 words

HEADLINE: MICROSOFT DELAY REQUEST REJECTED

BYLINE: PETER KAPLAN, REUTERS NEWS SERVICE

DATELINE: WASHINGTON

BODY:
 Nine other states that feel the settlement is too weak had argued against any delay.
 The timing of the hearings is important, legal analysts say. Endorsement of the settlement, far in advance of hearings on further remedies, would make the dissenting states' effort to get stronger sanctions much more difficult, they have said.
 "It's very good news for the states [and] very bad for Microsoft," said Robert Lande, a professor of antitrust law at the University of Baltimore.
 U.S. District Court Judge Colleen Kollar-Kotelly stuck to her timetable for remedy hearings even though Microsoft complained that the nine states still pursuing the case had dramatically expanded the scope of possible sanctions.
 Microsoft attorney Dan Webb complained to the judge that the company was having difficulty getting documents from some companies named as witnesses in the remedy proceedings ...

FOCUS - 178 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

San Mateo County Times (San Mateo, CA) 

January 8, 2002 Tuesday 

SECTION: BUSINESS 

LENGTH: 501 words 

HEADLINE: Microsoft suit gets green light;
Judge puts off request to delay trial 

DATELINE: WASHINGTON 

BODY: 
...well as their differences. The judge said she would use the report to speed up the process, in which she will have to decide what penalties the company should face for limiting consumer choice and breaking antitrust law. 
Both Webb and Brendan Sullivan, the lead attorney for the states, expressed doubts they could come to any agreements, but Kollar-Kotelly did not relent. 
"Hope springs eternal from the court's side," she said. 
University of Baltimore law professor Bob Lande said the judge's denial of Microsoft's request was a major blow to the company. Delay of the remedy hearing could allow more time for the judge to approve a settlement reached by the federal government and nine other states, which would hurt the remaining states' case. 
The states that did not sign onto that settlement are Iowa, California, Connecticut, West Virginia, Utah, Minnesota, Kansas, Florida and Massachusetts. Those remaining states, as well as the District of Columbia, ...

FOCUS - 179 of 280 DOCUMENTS

Copyright 2002 The Seattle Times Company  
The Seattle Times

January 8, 2002, Tuesday Fourth Edition

SECTION: ROP ZONE; Business; Pg. F3

LENGTH: 553 words

HEADLINE: Judge rebuffs request to delay penalty hearing
The Microsoft case

BYLINE: The Associated Press

DATELINE: Washington

BODY:
...case, as well as their differences.
The judge said she would use the report to speed the process, in which she will decide what penalties Microsoft should face for limiting consumer choice and breaking antitrust law.
Both Webb and Brendan Sullivan, the lead attorney for the states, expressed doubts they could come to any agreements, but Kollar-Kotelly did not relent. "Hope springs eternal from the court's side," she said.
University of Baltimore law professor Bob Lande said the judge's denial of Microsoft's request was a blow to the company. Delay of the remedy hearing could allow more time for the judge to approve a settlement reached by the federal government and nine other states, which would hurt the remaining states' case.
The states that did not sign onto that settlement are Iowa, California, Connecticut, West Virginia, Utah, Minnesota, Kansas, Florida and Massachusetts. Those states, as well as the District of Columbia, decided to hold ...

FOCUS - 180 of 280 DOCUMENTS

Copyright 2002 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

January 08, 2002, Tuesday , FINAL

SECTION: BUSINESS, Pg. D1

LENGTH: 669 words

HEADLINE: MICROSOFT REQUEST IS DENIED;
FEDERAL JUDGE SAYS SHE WON'T DELAY PENALTY TRIAL

BYLINE: CHARLES POPE P-I Washington correspondent

DATELINE: WASHINGTON

BODY:
The ruling, which came near the beginning of a 50-minute hearing, was seen as a clear win for the nine states that want Microsoft punished more severely than under a settlement reached in November with the Justice Department and nine other states.
"This indicates she's not going to be buffaloed by Microsoft," said University of Baltimore antitrust expert Bob Lande. "It's very good news for the states and very bad news for Microsoft. She didn't even throw (Microsoft) a bone. It was a total victory."
Kollar-Kotelly's ruling comes at a time when the case is moving along two separate paths. One path involves the court's review of the November settlement under the Tunney Act.
Under that law, the settlement is not official until it is deemed ...

FOCUS - 181 of 280 DOCUMENTS 

Copyright 2002 Toronto Star Newspapers, Ltd.  

Toronto Star 

January 8, 2002 Tuesday Ontario Edition 

SECTION: SPORTS; Pg. 05 

LENGTH: 430 words 

HEADLINE: Judge rejects Microsoft's request for delay 

BYLINE: Ian Hopper, ASSOCIATED PRESS 

BODY: 
...SBC Communications - which is being represented by David Boies - as one offender. 
Boies represented the justice department in the case against the software giant. 
Kollar-Kotelly said if any Microsoft competitor refused to co-operate with Microsoft, she would bar them from testifying for the states. 
"You can't be friendly to one group and not to the other," she said. "I want that message to go out loud and clear." 
University of Baltimore law professor Bob Lande said the judge's denial of Microsoft's request was a major blow to the company. 
If the remedy hearing could be delayed, the judge might already approve a settlement reached by the federal government and nine other states, which would hurt the remaining states' case. 
Nine other states, as well as the District of Columbia, decided to hold out for stricter penalties for breaking antitrust law and hurting consumers. The states that did not sign ...

PERSON:  COLLEEN KOLLAR-KOTELLY (83%); THOMAS PENFIELD JACKSON (58%); DAVID BOIES (58%); BOB LANDE (56%); DAN WEBB (56%);  

FOCUS - 182 of 280 DOCUMENTS 

Copyright 2002 MediaNews Group, Inc. and ANG Newspapers 

Tri-Valley Herald (Pleasanton, CA) 

January 8, 2002 Tuesday 

SECTION: BUSINESS 

LENGTH: 501 words 

HEADLINE: Microsoft suit gets green light;
Judge puts off request to delay trial 

DATELINE: WASHINGTON 

BODY: 
...well as their differences. The judge said she would use the report to speed up the process, in which she will have to decide what penalties the company should face for limiting consumer choice and breaking antitrust law. 
Both Webb and Brendan Sullivan, the lead attorney for the states, expressed doubts they could come to any agreements, but Kollar-Kotelly did not relent. 
"Hope springs eternal from the court's side," she said. 
University of Baltimore law professor Bob Lande said the judge's denial of Microsoft's request was a major blow to the company. Delay of the remedy hearing could allow more time for the judge to approve a settlement reached by the federal government and nine other states, which would hurt the remaining states' case. 
The states that did not sign onto that settlement are Iowa, California, Connecticut, West Virginia, Utah, Minnesota, Kansas, Florida and Massachusetts. Those remaining states, as well as the District of Columbia, ...

FOCUS - 183 of 280 DOCUMENTS

Copyright 2002 Gannett Company, Inc.  
USA TODAY

January 8, 2002, Tuesday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 455 words

HEADLINE: Microsoft loses bid for 4-month delay

BYLINE: Paul Davidson

DATELINE: WASHINGTON

BODY:
...noteworthy because a big delay would have increased the chances of Kollar-Kotelly ruling on the settlement reached with Microsoft by Justice and nine other states before hearing evidence in the case arguing for tougher sanctions.
In that event, the judge would likely decide the settlement is in the public interest -- a low threshold -- and make it tougher for the holdout states to argue for stricter curbs, says Bob Lande of University of Baltimore Law School.
Now, Kollar-Kotelly may agree to the holdout states' request to postpone a decision on the settlement until the trial on the more severe penalties is complete, Lande says.
In the settlement, Microsoft agreed to give PC makers more flexibility to promote rival software and to disclose the code of its Windows operating system so non-Microsoft products can work well with the ...

FOCUS - 184 of 280 DOCUMENTS

Copyright 2002 The Deal L.L.C.  
Daily Deal (New York, NY)

January 7, 2002 Monday

SECTION: M AND A

LENGTH: 272 words

HEADLINE: Microsoft judge won't delay hearing

BYLINE: by Jaret Seiberg in Washington

BODY:
The software giant had argued that it needed more time because the nine states are seeking conduct remedies the government had not previously requested, such as a stripped-down version of Windows. But the judge said she saw no reason to change the schedule.
"She did not even throw them a bone," said Robert Lande, a professor at the University of Baltimore law school who attended the short hearing. "She wasn't going to be buffaloed into this."
Lande said the decision is significant. If the judge delayed the hearing for four months, then she likely would have ruled on the Department of Justice settlement before starting the remedies hearing. That could have made it tougher for the states to prevail because the judge would have just declared that the settlement is in the public interest, Lande said.
Stephen ...

PERSON: 
STEPHEN MAHINKA (86%); ROBERT LANDE (85%); 

FOCUS - 185 of 280 DOCUMENTS

Copyright 2002 National Journal Group, Inc.  
National Journal's Technology Daily

PM Edition

January 7, 2002, Monday

LENGTH: 525 words

HEADLINE: ANTITRUST: Judge Denies Microsoft's Request To Delay Remedy; Trial

BODY:
...York, Ohio and
Wisconsin by the time of the trial.
Because the holdout states -- including California, Iowa and
Massachusetts -- object to that settlement, Kollar-Kotelly
concurrently must run a trial on their proposed remedies and
decide whether to accept the settlement. She already has said
that she will begin the Tunney Act-mandated settlement
proceedings in February.
Case observers and Microsoft critics praised her rejection of
Microsoft's request. University of Baltimore law professor Bob
Lande, who has been critical of Microsoft's conduct, called it a
"big win for the government."
"Microsoft didn't even get a bone tossed to them," he said.
"There was nothing in there I heard that I didn't like," added
Ed Black, president of the Computer and Communications Industry
Association (CCIA), which includes many top Microsoft
competitors. "They came in here seeking delay, and they've been
told, 'No way.'"
Heads of other ...

FOCUS - 186 of 280 DOCUMENTS

Copyright 2002 American Banker-Bond Buyer a division
of Thomson Publishing Corporation  
Card Marketing

January 2002 / February 2002

SECTION: Vol. 6; No. 1; Pg. 10

LENGTH: 2220 words

HEADLINE: So Who Won the MC-Visa Anti-Trust Suit?

BYLINE: By Burney Simpson

BODY:
...More than a year after testimony was completed, Jones ruled that the exclusionary rules of the card associations must be abolished and that AmEx and Discover be allowed to enter into agreements with banks to issue credit cards and debit cards. However, Jones decided the associations' dual governance structure did not violate antitrust rules.
Antitrust experts applauded Jones' ruling.
Consumers don't benefit from the exclusive ties that MasterCard and Visa have with their member banks, said Robert H. Lande, director of the American Antitrust Institute in Washington, D.C., and a University of Baltimore law professor. "But there is a good chance that consumers will benefit if Discover and AmEx were allowed to align with banks," Lande said.
Jones had to decide whether the card industry is controlled by giants named MasterCard and Visa or a community of individual issuers free to make their own decisions, said Alan Sykes, a law professor ...

FOCUS - 187 of 280 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

DECEMBER 31, 2001, MONDAY, FINAL EDITION

SECTION: BUSINESS; Pg. E1

LENGTH: 1719 words

HEADLINE: MICROSOFT MARCHES ON;

Software giant comes out on top during tough year

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...must disclose portions of its Windows code so rivals' software can operate smoothly. Microsoft must also give computer-makers more leeway to substitute rivals' software on the desktop and submit to oversight by a three-member technical committee.
 "It seems like they keep losing in court but manage to pull it out altogether," said University of Baltimore antitrust law Professor Bob Lande. "They essentially escaped the federal case with a slap on the wrist."
 Microsoft disagrees, saying that if the Justice Department proposal is ratified, it represents a sea change to their business.
 "I can't think of any supplier in the past who has been forced by the government to allow companies in the distribution channel, in this case (computer-makers), to change its products before it reached the customers who are buying it," ...

FOCUS - 188 of 280 DOCUMENTS

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

December 13, 2001, Thursday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K5901

LENGTH: 817 words

HEADLINE: Senators challenge Microsoft settlement

BYLINE: By Kristi Heim

BODY:
...remedy that will stand up on appeal, said Dana Hayter, an antitrust and intellectual property attorney with Fenwick & West in San Francisco. But he added that in terms of legal procedures, almost no relevant case law exists.
The Senate Judiciary Committee has no direct role in the case, but its inquiry could prompt Kollar-Kotelly to make a closer examination of the settlement, said Bob Lande, an antitrust expert at the University of Baltimore. In late September, a month after being assigned to the case, Kollar-Kotelly urged the parties to arrive at a settlement within two weeks, citing the terrorist attacks as a reason why the case should be resolved quickly.
"On Sept. 12, there was no one in the U.S. at all who cared about antitrust," Lande said. "But ...

FOCUS - 189 of 280 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

DECEMBER 13, 2001, THURSDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B3

LENGTH: 830 words

HEADLINE: Microsoft attacks dissenting states' remedy;

It's 'tantamount to a breakup,' company's filing says

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...require the firm "to place in the public domain intellectual property that Microsoft has invested literally hundreds of millions of dollars developing," the brief said.
 One observer said opening up IE is only fitting. In the 1998 lawsuit, antitrust regulators said Microsoft bolted IE to Windows in order to pulverize Netscape in the then-nascent Web browsing arena.
 "The browser is the essence of what the case is all about," said Bob Lande, antitrust law professor at the University of Baltimore. "Remember, this is a product they give away for free now. It's ridiculous of them to bellyache."
 The other major proviso would require Microsoft to make a stripped-down version of Windows in order to give computer-makers more leeway to include rival instant-messaging and video player software from firms such as AOL Time Warner and RealNetworks. Microsoft versions of those programs are ...

FOCUS - 190 of 280 DOCUMENTS

Copyright 2001 Bulletin Broadfaxing Network, Inc.  
The Bulletin's Frontrunner

December 11, 2001

SECTION: Washington News

LENGTH: 1271 words

HEADLINE: Microsoft Revises Private Lawsuit Settlement Offer To Mollify Critics.

BODY:
...reports Microsoft, "which spends millions of dollars lobbying the federal government and Congress, disclosed only a few contacts just prior to the settlement. A Microsoft spokesman said the disclosure was complete and adequate under the law. Legal experts said the three-page filing falls short of the disclosure requirements of the Tunney Act, a 1974 law intended to ensure that antitrust settlements aren't affected by corporate lobbying. Robert Lande, a University of Baltimore law professor, said, for example, that Microsoft didn't disclose adminstration contacts by one of its top outside lawyers, believing he was exempt from the act. 'That is exactly the type of political influence the Tunney Act is supposed to shed light upon,' Mr. Lande said."

FOCUS - 191 of 280 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

December 10, 2001, Monday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 634 words

HEADLINE: Experts kick tires of states' antitrust plan

BYLINE: Paul Davidson

BODY:
...better shot to market competing services by striking deals with PC makers, says industry strategist Chris Le Tocq of SageCircle.
The states cite a laundry list of removable features -- including voice-recognition and photo-processing software -- but many of them are unlikely to fly with the judge, Gray says.
And determining different prices for various customized versions of Windows will be difficult and "highly regulatory," says Bob Lande of University of Baltimore Law School.
 * Auction its popular Office software to three firms that would customize it for other operating systems, like Linux, which theoretically could then pose more viable challenges to Windows. "That could make a significant difference," says IDC analyst Dan Kuznetsky.
Yet customizing Office "would be incredibly grueling," could take several years and few would attempt it, says Rob Enderle of Giga Information Group. And ...

FOCUS - 192 of 280 DOCUMENTS 

Copyright 2001 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

December 9, 2001 Sunday FINAL EDITION 

SECTION: BUSINESS, Pg. 1C 

LENGTH: 1973 words 

HEADLINE: Class action yields a deal;
 Hearing resumes in less famous Microsoft case;
 Settlement at issue;
 Software firm seeks end to lawsuits with $1 billion for schools;
 Class-action cases are split by Microsoft's $1 billion offer 

BYLINE: Stacey Hirsh 

SOURCE: SUN STAFF 

BODY: 
...in Washington, which assigns cases that cross district lines, sent the lawsuits to Motz because of his experience in multijurisdictional litigation.
The judge has said he will make a ruling by mid-December.
Among the judge's options are to tell all parties to go back to the negotiation table, approve the settlement for all plaintiffs - though that could be appealed - or allow some to accept the settlement, while allowing others to try their cases, said Bob Lande, a law professor at the University of Baltimore and director of the American Antitrust Institute.
Not the famous case
The class action lawsuits are separate from an antitrust lawsuit that the Justice Department and nine states agreed to settle last month.
Groups ranging from the Software and Information Industry Association to the Maryland State Department of Education have written to Motz opposing the proposed settlement for the class action suits.
"The education market is one of the ...

FOCUS - 193 of 280 DOCUMENTS

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

December 8, 2001, Saturday SPORTS FINAL EDITION

SECTION: BUSINESS; Pg. 21

LENGTH: 305 words

HEADLINE: NINE STATES SEEK MICROSOFT CURBS

BYLINE: By RACHEL SCHEIER DAILY NEWS BUSINESS WRITER

BODY:
...version of the company's Office software that would run with competing products. It outlines several other technical requirements that would make it harder for Microsoft to prevent competitors' products from running smoothly with Windows.
It also dictates stricter enforcement, calling for a "special master" who could investigate complaints of monopolistic behavior by Microsoft in the future.
"This goes a lot further than the federal settlement proposal," said Bob Lande, a law professor with the University of Baltimore.
Microsoft immediately criticized the new proposal, calling it "extreme." The company is scheduled to formally respond to it in court next week. The settlement proposals must be reviewed and approved by the judge.

FOCUS - 194 of 280 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

DECEMBER 8, 2001, SATURDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B2

LENGTH: 972 words

HEADLINE: Additional Microsoft penalties called for;

Holdouts states seek to punish monopoly

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...twice about that."
 In particular, Microsoft critics cited the Office provision. Office, which includes Word, Excel and other programs, is one of the firm's best-selling and most profitable programs. If the states' proposal is approved and Office is developed for rival operating systems like Linux, it could change the face of the industry, antitrust experts say.
 "That could help those other operating systems become serious competitors to Microsoft's Windows," said Bob Lande, antitrust law professor at the University of Baltimore.
 The other major requirement, a stripped-down version of Windows, is designed to give computer-makers more leeway to include rival instant-messaging and video player software from firms such as AOL Time Warner and RealNetworks.
 But one observer said he believes the proposal caters to Microsoft competitors. Specifically, he pointed to the stipulation that Microsoft include Sun Microsystems' Java programming ...

FOCUS - 195 of 280 DOCUMENTS

Copyright 2001 Business Wire, Inc.  
Business Wire

December 6, 2001, Thursday

DISTRIBUTION: Business Editors/Legal Writers

LENGTH: 3722 words

HEADLINE: Townsend and Townsend and Crew Announces California Plaintiffs Opposition to Proposed Settlement of Over 100 Microsoft Lawsuits in Preparation for Dec. 10 Hearing

DATELINE: SAN FRANCISCO, Dec. 6, 2001

BODY:
...Microsoft software only (e.g., Microsoft's TechNet, and the Microsoft IT Academy Program).
Indeed, according to Professor Leffler, 80% of the refurbished computers supplied under the proposed settlement will be PCs, while only 20% will be Apple Macs.
A number of crucial Microsoft competitors have filed statements with the court explaining how the proposed settlement will harm competition, including Apple Computer, Novell, and Red Hat Linux. Robert Lande, a law professor and antitrust specialist at the University of Baltimore Law School has stated, "This is about hooking kids on Microsoft software as opposed to Apple." The American Antitrust Institute has filed a letter opposing this settlement because it is anticompetitive.
Quotes from independent observers.
"The settlement proposal will further Microsoft's competitive advantage in schools," Helene Soule, Director of Technology, State of Mississippi (Allison Linn, "Microsoft ...

FOCUS - 196 of 280 DOCUMENTS

Copyright 2001 American Banker-Bond Buyer a division
of Thomson Publishing Corporation  
Credit Card Management

December 2001

SECTION: COVER STORY; Vol. 14; No. 9; Pg. 41

LENGTH: 3467 words

HEADLINE: The New Payments Express

BYLINE: By Burney Simpson

BODY:
...enter into agreements with card-issuing banks to issue credit cards and debit cards. However, Jones decided the associations' dual governance structure did not violate antitrust rules.
Antitrust experts applauded Jones' ruling as a thoughtful and realistic look at the current card industry, how the playing field could be leveled, and what the future might bring.
Consumers don't benefit from the exclusive ties that MasterCard and Visa have with their member banks, says Robert H. Lande, director of the American Antitrust Institute in Washington, D.C., and a University of Baltimore law professor.
"But there is a good chance that consumers will benefit if Discover and AmEx were allowed to align with banks," says Lande.
Jones had to decide whether the bank card industry is a monolith controlled by MasterCard and Visa or a community of individual issuers free to make their own decisions, says Alan Sykes, a law ...

FOCUS - 197 of 280 DOCUMENTS

Copyright 2001 BusinessWorld Publishing Corporation  
BusinessWorld

November 29, 2001, Thursday

SECTION: Pg. 22

LENGTH: 1073 words

HEADLINE: L@wyer.com;
US vs Microsoft

BYLINE: Jovi Tanada Yam

BODY:
...students in the country."
Again, settlement criticized. Critics said that equipping schools with Microsoft software would only extend the company's monopoly - and give it an unearned public relations victory.
"This is a very clever marketing device," says Palo Alto antitrust lawyer Gene Crew. "Microsoft can use its software to further entrench itself in the education market, which is the one market where Apple Computer, Inc. really competes."
Bob Lande, director of the American Antitrust Institute said that the settlement is self-serving for Microsoft in every way. "Half of the $1 billion Microsoft has said it will pay would cover its own products, which it actually produces for pennies. Money from the refurbished PCs would go right back to Microsoft and the $90-million figure amounts to barely enough to pay for one computer training class for each of the ...

FOCUS - 198 of 280 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

NOVEMBER 29, 2001, THURSDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 676 words

HEADLINE: BUILT FOR SPEED;

Chips industry maps plans for smaller, faster semiconductors

SOURCE: Chronicle Staff Writer

BYLINE: Matthew Yi

BODY:
...month, he said.
 The report addresses a wide range of areas in the semiconductor industry, including manufacturing, new materials and groundbreaking chip designs.
 While the efforts of the international consortium saves the industry time and money, at least two experts are worried that the cooperation may be violating antitrust laws.
 "Sounds like collusion, doesn't it?" said Andrew Gavil, a law professor at Harvard University.
 Bob Lande, who teaches at the University of Baltimore, also warned that the idea of trade associations making key decisions on the direction of the industry is suspect.
 But Doering said that is not an issue since the group only deals with technology, not business.
 "That could be the case if we talked about what some of these things will be priced at . . . or if we were discussing dividing up markets," he said. "We're staying away from those things, just sticking to really the technical requirements." ...

FOCUS - 199 of 280 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

NOVEMBER 28, 2001, WEDNESDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B5

LENGTH: 1572 words

HEADLINE: Microsoft meets opposition to deal on suit settlement

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...competition. The court threw out an earlier order breaking the firm in two and sent the case to a lower court to fashion a new remedy.
 Before that process had run its course, however, the Bush administration and half of the 18 states signed an accord with Microsoft.
 "The feds settled for 10 cents on the dollar, so the (holdout) states are hoping to maybe get 15 or 20 cents," said Bob Lande, an antitrust law professor at the University of Baltimore.
 U.S. District Judge Colleen Kollar-Kotelly, who is overseeing the federal case, is expected to hold a hearing early next year to determine whether the settlement is in the public interest. The holdout states are expected to go to trial in March.
Chronicle news services contributed to this report. / E-mail Kelly Zito at kzito@sfchronicle.com.

FOCUS - 200 of 280 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

November 23, 2001, Friday, FINAL EDITION

SECTION: MONEY; Pg. 9B

LENGTH: 460 words

HEADLINE: Lead defense attorney to retire from Microsoft in July

BYLINE: Jon Swartz

DATELINE: SAN FRANCISCO

BODY:
...compared the case to a high-stakes poker game.
But the strategy paid off in June, when a federal appeals court overturned an order to split Microsoft. (The court did affirm Microsoft as a monopolist.)
Yet, legal scholars say the favorable decision had more to do with a pro-business Bush administration and mistakes by Judge Thomas Penfield Jackson than with Neukom.
"They were more lucky than skillful," says Bob Lande, professor of antitrust law at the University of Baltimore. Neukom's "legacy is unclear," Lande says.
Neukom was unavailable for comment Wednesday.
Distinguished by his signature bow ties and white hair, Neukom joined Microsoft in 1985 after handling the company's legal issues for 6 years as a partner at Preston Gates & Ellis. That law firm was led by Bill Gates II, father of ...

PERSON: 
WILLIAM NEUKOM (95%); BRAD SMITH (91%); DWIGHT DAVIS (62%); BOB LANDE (62%); WILLIAM HENRY GATES III (58%); 

FOCUS - 201 of 280 DOCUMENTS

Copyright 2001 BusinessWorld Publishing Corporation  
BusinessWorld

November 22, 2001, Thursday

SECTION: Pg. 18

LENGTH: 897 words

HEADLINE: L@wyer.com;
US vs Microsoft

BYLINE: Jovi Tanada Yam

BODY:
...On the settlement Microsoft reached with the US Justice department, Monti said in an interview: "It's interesting for us to study the settlement because there are certain issues in common. But it's important to note that there are important factual and legal differences between the US and EU cases."
Because of his reputation and Herculean trustbuster record, it is widely predicted that Monti will also take a hard line against Microsoft.
Said Robert H. Lande, a law professor at the University of Baltimore, "The fact that the US government entered into an incredible sweetheart deal is not going to impress Mr. Monti. He has shown he is willing to be tougher."
ILLEGAL TACTICS?
The EU's charges against Microsoft grew out of a complaint filed by Sun Microsystems in 1998. Sun accused Microsoft of withholding software code that would allow Sun's programs to communicate with Microsoft's.
Particularly, ...

FOCUS - 202 of 280 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

November 22, 2001, Thursday , FINAL

SECTION: BUSINESS, Pg. E1

LENGTH: 512 words

HEADLINE: BILL NEUKOM, LEGAL CHIEF AT MICROSOFT, TO RETIRE

BYLINE: DAN RICHMAN P-I reporter

BODY:
...case alleging racial and gender discrimination.
The company's stock has surged 48 percent this year amid optimism for a resolution to the company's legal troubles.
However, Neukom got mixed reviews for his highest-profile role, helping direct Microsoft's legal team during the federal antitrust trial in 2000.
"There's no doubt Microsoft's litigation strategy was completely incompetent," said University of Baltimore law professor Bob Lande.
"They made many, many mistakes by denying everything, which only served to lower their credibility. It's hard to know whether Gates or Neukom was more responsible for that strategy."
Smith, Neukom's successor, said he will emphasize strengthening industry ties, emphasizing intellectual-property and privacy issues, and complying with the antitrust consent decree.
"We recognize people, especially the state governments, will be watching us very closely," he said.
"I'm hoping we ...

FOCUS - 203 of 280 DOCUMENTS

Copyright 2001 Chicago Tribune Company  
Chicago Tribune

November 21, 2001 Wednesday, NORTH SPORTS FINAL EDITION

SECTION: News; Pg. 1; ZONE: N

LENGTH: 896 words

HEADLINE: Microsoft to settle pricing lawsuits;
Poorest schools would benefit under proposal

BYLINE: By Frank James, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...told The Associated Press.
The settlement's critics suggested that Microsoft would actually spend far less than indicated. They pointed out, for instance, that the cost to a software developer of reproducing an existing software program is virtually zero.
Also, many of the computers Microsoft would make available to schools under the agreement would be refurbished computers whose value would be far less than new machines.
"It's pennies on the dollar from what's being asked for," said Robert Lande, a law professor at the University of Baltimore Law School, of what Microsoft would ultimately spend.

FOCUS - 204 of 280 DOCUMENTS

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

PM Edition

November 20, 2001

LENGTH: 601 words

HEADLINE: ANTITRUST: Microsoft Settlement Would Preempt Other, Stronger; Suits

BODY:
...a
court date for August 2002.
"If Motz concludes that this is a fair and adequate settlement,
then the claims that have been alleged in all of these cases
will be released and dismissed," said Tom Burt, Microsoft deputy
general counsel.
"We actually see the proposed the settlement as extending our
commitment and involvement in education," said Mark East,
worldwide general manager for Microsoft's education group.
University of Baltimore law professor Bob Lande said Microsoft
was adopting a well-worn trial strategy for resolving multiple
class-action lawsuits. "You settle with the weaker party for
pennies on the dollar to force settlement on the stronger
party," he said.
Grossman said potential antitrust damages against Microsoft
under all state laws would total from $14 billion to $39
billion.

FOCUS - 205 of 280 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

November 20, 2001, Tuesday

LENGTH: 835 words

HEADLINE: Microsoft Settles Private Class Action Lawsuits

BYLINE: Brian Krebs;Newsbytes

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

BODY:
...plaintiffs would receive a paltry share from any eventual settlement or court decision.
"One of the things that drove this settlement was the recognition that even if the plaintiffs were going to be successful in these cases, the amount of money that any one plaintiff would recover would be very small, and would likely be consumed just in the cost of trying to identify who the plaintiffs were and processing the claim forms and checks," Ballmer told reporters in a conference call today.
But Bob Lande, a antitrust law professor with the University of Baltimore and director of the American Antitrust Institute, said he would be surprised if the California plaintiffs opt to settle the case.
"Plaintiffs in California are asking from $2 billion to $4 billion in damages from Microsoft, a figure that under California antitrust law would be trebled if consumers win in court," Lande said. "That's quite a lot compared to the pennies on the dollar that Microsoft will  ...

PERSON: 
STEVE BALLMER (74%); BOB LANDE (57%); 

FOCUS - 206 of 280 DOCUMENTS 

Copyright 2001 The Washington Post 

 The Washington Post 

November 19, 2001, Monday, Final Edition 

SECTION: FINANCIAL; Pg. E04; HEARSAY THE LAWYER'S COLUMN 

LENGTH: 1528 words 

HEADLINE: The Case Against Microsoft Was an Antitrust Bust, or Was It? 

BYLINE: James V. Grimaldi, Washington Post Staff Writer 

BODY: 
...how hard it is to enforce a consent decree in this context and they could have been much more creative in figuring out ways of resolving the dispute." 
 James, during the Georgetown speech, repeatedly defended the settlement and addressed many of the criticisms, which he blamed largely on rivals. "We've never had competitors be quite so aggressive," James said. "Some of them had hoped for a broad-scale emasculation of the company." 
 Some critics, such as Robert Lande of the American Antitrust Institute and the University of Baltimore law school, suggest that James is unconvincing in saying his settlement will jump-start competition for Microsoft's monopoly Windows operating system. 
 "Charles James will spend the remainder of his career in a futile attempt to show that he did not get taken by Microsoft," Lande said. 
 The test now is whether James has covered his bases to get through the Tunney Act ...

FOCUS - 207 of 280 DOCUMENTS

Copyright 2001 Cahners Business Information, a division of Reed Elsevier Inc.
All Rights Reserved  
Wireless Week

November 19, 2001

SECTION: News; Pg. 12

LENGTH: 439 words

HEADLINE: FCC Mulls Changes In Merger Reviews

BYLINE: By Allyson Vaughan

BODY:
FCC Chairman Michael Powell has indicated that he doesn't want the FCC to merely repeat what the Department of Justice does with its merger reviews. The Justice Department now tests mergers for their potential anti-competitive effects, while the FCC evaluates mergers on a broader public interest standard.
Professor Robert Lande, an antitrust expert at the University of Baltimore, says a merger could pass the Department of Justice's competition standard but fail the FCC's broader interpretation of whether the merger is in the public interest. For example, if wireless companies with different technology standards sought to merge, but the deal could result in a delay in implementing enhanced 911 mandates, the FCC could argue that the merger wouldn't serve the public interest-- ...

FOCUS - 208 of 280 DOCUMENTS

Copyright 2001 Bulletin Broadfaxing Network, Inc.  
The Bulletin's Frontrunner

November 16, 2001

SECTION: Washington News

LENGTH: 2159 words

HEADLINE: DOJ Defends Microsoft Settlement.

BODY:
Adds the Times, "Bob Lande, an antitrust expert at the University of Baltimore, said it's odd that the Justice Department -- at the end of the filing -- outlined stricter remedies that it had considered without explaining why those remedies were not pursued. 'This is, of course, the case of the generation so I would have expected more,' he said."
The AP (11/16, Bridis) reports, "The government considered but rejected penalties against Microsoft Corp. in its antitrust case that would have required the company to ...

FOCUS - 209 of 280 DOCUMENTS

Copyright 2001 The Seattle Times Company  
The Seattle Times

November 16, 2001, Friday Fourth Edition

SECTION: ROP ZONE; Business; Pg. C1

LENGTH: 831 words

HEADLINE: Details of deal revealed
Justice Dept. clarifies settlement issues as public review begins

BYLINE: Brier Dudley; Seattle Times technology reporter

BODY:
...one," the filing said, explaining that it "does not allow Microsoft to withhold any capabilities" in Windows.
If the impact statement is more forceful than the settlement, that could raise complications, said Don Falk, a Palo Alto, Calif., attorney who has represented Microsoft competitors such as Oracle in the case.
"It would certainly be imprudent for them to say something in the impact statement that Microsoft did not understand to be part of the deal," he said.
Bob Lande, an antitrust expert at the University of Baltimore, said it's odd that the Justice Department at the end of the filing outlined stricter remedies that it had considered without explaining why those remedies were not pursued. "This is, of course, the case of the generation so I would have expected more," he said.
Among the remedies considered were forcing Microsoft to disclose Windows source code and requiring to it add competing software such as Java to Windows.
Brier Dudley ...

FOCUS - 210 of 280 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

November 15, 2001, Thursday

LENGTH: 934 words

HEADLINE: Microsoft's Euro-Foe

BYLINE: Ariana Eunjung Cha; Washington Post Staff Writer

DATELINE: United States

BODY:
...approval for its merger with America Online Inc., and made Sprint Corp. and WorldCom Inc. call off their marriage.
Now many predict that Monti, known as "Super Mario" for his aggressive enforcement of antitrust law, will also take a hard line against Microsoft.
"The fact that the U.S. government entered into an incredible sweetheart deal is not going to impress Mr. Monti. He has shown he is willing to be tougher," said Robert H. Lande, a law professor at the University of Baltimore.
Monti, a 58-year-old, silver-haired native of Italy, said it's too early to talk about the specifics of the Microsoft-Justice Department settlement and any additional remedies he may be considering. Financial analysts have speculated that he might go so far as to impose a fine of up to 10 percent of Microsoft's annual revenue, or $2.5 billion, or force the company to ...

FOCUS - 211 of 280 DOCUMENTS 

Copyright 2001 The Washington Post 

 The Washington Post 

November 15, 2001, Thursday, Final Edition 

SECTION: FINANCIAL; Pg. E01 

LENGTH: 928 words 

HEADLINE: Microsoft's Euro-Foe; EU's Antitrust Chief Hints He Will Continue Case 

BYLINE: Ariana Eunjung Cha, Washington Post Staff Writer 

BODY: 
...approval for its merger with America Online Inc., and made Sprint Corp. and WorldCom Inc. call off their marriage. 
 Now many predict that Monti, known as "Super Mario" for his aggressive enforcement of antitrust law, will also take a hard line against Microsoft. 
 "The fact that the U.S. government entered into an incredible sweetheart deal is not going to impress Mr. Monti. He has shown he is willing to be tougher," said Robert H. Lande, a law professor at the University of Baltimore. 
 Monti, a 58-year-old, silver-haired native of Italy, said it's too early to talk about the specifics of the Microsoft-Justice Department settlement and any additional remedies he may be considering. Financial analysts have speculated that he might go so far as to impose a fine of up to 10 percent of Microsoft's annual revenue, or $ 2.5 billion, or force the company to ...

FOCUS - 212 of 280 DOCUMENTS 

Copyright 2001 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

November 14, 2001 Wednesday FINAL EDITION 

SECTION: BUSINESS, Pg. 1C 

LENGTH: 1717 words 

HEADLINE: Microsoft deal put pressure on states;
 Curran: Maryland attorney general says time, absence of U.S. Justice Department led him to approve settlement.  

BYLINE: Andrew Ratner 

SOURCE: SUN STAFF 

BODY: 
...remaining states win additional concessions those would apply nationwide - a "win-win," Curran called it.
But critics, from software developers to Robert H. Bork, the conservative legal scholar and former Supreme Court nominee, have described the settlement as rife with loopholes and offered praise for the states that continued.
"The feds settled for 10 cents on the dollar. Maybe California can get another nickel," said Robert H. Lande, an antitrust expert and law professor at the University of Baltimore.
"I was a little surprised that the nine states settled, probably just out of exhaustion. There were millions of changes being made at the end and the government probably got taken. I'm sad." 

FOCUS - 213 of 280 DOCUMENTS 

Copyright 2001 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

November 13, 2001 Tuesday FINAL EDITION 

SECTION: TELEGRAPH, Pg. 7A 

LENGTH: 904 words 

HEADLINE: In short term, crash adds to industry woes;
 Flight 587 disaster is expected to slow an already shaky recovery;
 More consolidation momentum 

BYLINE: Paul Adams 

SOURCE: SUN STAFF 

BODY: 
...now in critical condition, analysts suspect antitrust officials may apply a less stringent standard to airline mergers.
Antitrust experts said airlines could make liberal use of the "failing company" doctrine, which allows potentially anti-competitive mergers to proceed provided a company can show it would otherwise fail.
"A company has to be not only failing, but failing and facing liquidation," said Robert H. Lande, a University of Baltimore law professor. That's an exceedingly tough standard, Lande said, but it's one that may change in such extraordinary times for the industry.
"I think there's an unspoken hope from various government entities involved with commercial aviation that there won't be an acceleration in consolidation," said Stuart Klaskin of the Miami-based consulting firm Klaskin, Kushner & Co.
Most of the nation's major ...

FOCUS - 214 of 280 DOCUMENTS

Copyright 2001 NLP IP Company - American Lawyer Media
All Rights Reserved.  
National Law Journal

November 12, 2001

SECTION: WASHINGTON BRIEF; Vol. 24; No. 12; Pg. A8

LENGTH: 857 words

HEADLINE: Microsoft settlementis still open to challenge

BYLINE: By Jonathan Groner american lawyer media news service
american lawyer media news service

BODY:
...development agreements between Microsoft and software or hardware companies.
The 60-day comment period doesn't begin until the parties have actually signed the settlement and the accompanying consent order. Kollar-Kotelly said in court that the period could start as soon as Nov. 16, with a hearing before the judge in late February or early March 2002.
"The whole point of the [Tunney Act] was to detect improper political influence," said Robert Lande, an antitrust professor at the University of Baltimore who has been critical of Microsoft. "No one is alleging that has occurred here. So I'd expect a quick rubber stamp."
The law was passed in the post-Watergate era to prevent abuses such as the alleged decision by the Nixon administration to settle an antitrust case in exchange for a $400,000 corporate contribution to the Republican National Committee.
James DeLong, a ...

PERSON: 
JEFFREY JACOBOVITZ (71%); COLLEEN KOLLAR-KOTELLY (66%); STANLEY SPORKIN (62%); ROBERT LANDE (58%); BRENDAN SULLIVAN JR (55%); 

FOCUS - 215 of 280 DOCUMENTS

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

November 12, 2001

SECTION: WASHINGTON BRIEF; Pg. A8

LENGTH: 849 words

HEADLINE: Microsoft settlement is still open to challenge

BYLINE: By Jonathan Groner, AMERICAN LAWYER MEDIA NEWS SERVICE

BODY:
...development agreements between Microsoft and software or hardware companies.
The 60-day comment period doesn't begin until the parties have actually signed the settlement and the accompanying consent order.  Kollar-Kotelly said in court that the period could start as soon as Nov. 16, with a hearing before the judge in late February or early March 2002.
"The whole point of the [Tunney Act] was to detect improper political influence," said Robert Lande, an antitrust professor at the University of Baltimore who has been critical of Microsoft.  "No one is alleging that has occurred here.  So I'd expect a quick rubber stamp."
The law was passed in the post-Water-gate era to prevent abuses such as the alleged decision by the Nixon administration to settle an antitrust case in exchange for a $ 400,000 corporate contribution to the Republican National Committee.
James DeLong, ...

FOCUS - 216 of 280 DOCUMENTS

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

November 7, 2001, Wednesday

SECTION: STATE AND REGIONAL NEWS

KR-ACC-NO:  K2130

LENGTH: 815 words

HEADLINE: California attorney general takes high profile against Microsoft

BYLINE: By Mary Anne Ostrom

BODY:
...out of the state legislature to augment high-tech related antitrust enforcement.
For a man widely believed to have gubernatorial ambitions, his decision to take on what he calls "the largest multinational in the planet" comes with little political risk.
In California, "You've got a lot of high-tech companies afraid of being wiped out by Microsoft," said University of Baltimore law professor and antitrust expert Robert Lande.
And voters have not viewed the Microsoft case as a riveting matter.
"The average voter in California isn't terribly concerned with Microsoft," Timothy Hodson, executive director of the Center for California Studies at California State University-Sacramento. "Whether or not Bill Lockyer decides to forge ahead or not is not going to be a major political issue."
___
KRT CALIFORNIA is a premium service of Knight Ridder/Tribune
( ...

FOCUS - 217 of 280 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

November 07, 2001, Wednesday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1588 words

HEADLINE: UNCERTAINTY NOW CLOUDS MICROSOFT OUTCOME;
CASE THROWN INTO UNCHARTED WATERS AFTER SPLIT BY STATES PUTS PROCEEDINGS ON SEPARATE TRACKS

BYLINE: CHARLES POPE P-I Washington correspondent

DATELINE: WASHINGTON

BODY:
...Enderle, an analyst with Giga Information Group, said yesterday's results "cast a cloud. I think it should have some downward pressure."
While financial analysts may differ, legal analysts said the states are in a strong position because they can do no worse than the settlement as currently written.
"The states are in a no-lose proposition, other than the money, of course," said University of Baltimore professor Robert Lande, an antitrust expert who has closely followed the case.
"They get whatever Justice has negotiated, and maybe they can get something better as well. The states can't do any worse by definition, and they might do better. Whatever they can get, that's gravy."
Charles James, head of the Justice Department's antitrust division, expressed confidence that the agreement he largely negotiated will be upheld in the end.
"We have a settlement on the table that fully and ...

FOCUS - 218 of 280 DOCUMENTS

Copyright 2001 Bulletin Broadfaxing Network, Inc.  
The Bulletin's Frontrunner

November 6, 2001

SECTION: Washington News

LENGTH: 2821 words

HEADLINE: States Split On Microsoft Settlement Agreement.

BODY:
...Act. Under that law, a judge must review a settlement to ensure that it is in the public interest and was not politically motivated. 'The states are working intensively to review the settlement,' Iowa Attorney General Tom Miller said Monday. 'We will report to the judge on Tuesday.'" Adds CNET, "The states appeared most worried about possible loopholes that might empower Microsoft rather than restrain its monopoly muscle. Bob Lande, an antitrust professor at the University of Baltimore Law School, pointed to the 22- page agreement's definition of an operating system and its lack of restrictions on Microsoft's bundling in more features. 'They should be concerned about this,' Lande said. 'The agreement says Microsoft can tie (products to Windows) because they can define the operating system any way they want,' Lande said. 'So conceivably, Microsoft could tie a ham ...

FOCUS - 219 of 280 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

November 6, 2001, Tuesday

LENGTH: 1061 words

HEADLINE: States Still Evenly Divided On Microsoft Settlement

BYLINE: Brian Krebs;Newsbytes

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

BODY:
...Tom Miller said the judge would soon be heading down heretofore unexplored legal avenues.
"This is really unchartered waters to have a Tunney Act proceeding and a remedy proceeding both in play at the same time," Miller said.
Today's developments also raise questions about how the remaining states will afford the substantial cost of proceeding in the case without the financial assistance of the government and nine other states.
Bob Lande, a law professor at the University of Baltimore and co-director of the American Antitrust Institute, said California - which is expected to assume the lead role for the states in the case going forward - has unofficially earmarked $3.7 million to fight Microsoft in court next year.
Lande said in addition to the usual lawyer fees, states also will need to hire a number expert witnesses to testify at the ...

FOCUS - 220 of 280 DOCUMENTS

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

SHOW: NIGHTLY BUSINESS REPORT (NBR 6:30 pm ET)

November 6, 2001 Tuesday

Transcript # 110601cb.118

SECTION: BUSINESS

LENGTH: 4386 words

HEADLINE: Nightly Business Report

BYLINE: Paul Kangas, Susie Gharib

BODY:
...enforcement mechanisms.
 
RICHARD BLUMENTHAL, ATTORNEY GENERAL, CONNECTICUT: The settlement reached today reflects the triumph of hope over history. Some of the parties have reached common ground despite a history of legal conflict and despite a history of contentious relationships. That history is due cause for caution and care in reviewing and evaluating any agreement.
 
WOODS: Observers say it's an uphill battle for the states.
 
ROBERT LANDE, LAW PROFESSOR, UNIVERSITY OF BALTIMORE: They'll spend literally millions of dollars and get nowhere. That's the downside. The up side is they cannot possibly do any worse the federal government already got.
 
WOODS: The judge laid out a schedule for hearing the case on separate tracks. The settlement should be reviewed by mid February. The states' litigation is likely to take longer. With the trial on two tracks, it is now ...

FOCUS - 221 of 280 DOCUMENTS

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

November 6, 2001, Tuesday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K1722

LENGTH: 617 words

HEADLINE: Some states may oppose Microsoft settlement

BYLINE: By Kristi Heim and Mary Anne Ostrom

BODY:
...settlement would require Microsoft to provide competitors with information that would help them make rival products compatible with the dominant Windows operating system. It would also give computer makers more flexibility to replace Windows features with competing products, and would require Microsoft to open up its financial records and strategic plans to independent monitors.
Some of the states, including Illinois, Utah and North Carolina, indicated Monday they were leaning toward signing on to the deal.
Robert Lande, a law professor and antitrust expert at the University of Baltimore, said states with more resources such as California could be critical to the group opposing the settlement.
"Legally, I think the states are in excellent shape, but it's a question of resources. We're talking several million dollars and California is the key to this," Lande said."What's Massachusetts going to do without California?"
Last summer, the California state legislature approved a $3.7 ...

FOCUS - 222 of 280 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

NOVEMBER 6, 2001, TUESDAY, FINAL EDITION

SECTION: NEWS; Pg. A1

LENGTH: 882 words

HEADLINE: States leery of Microsoft deal;

California, others may try to keep antitrust suit alive

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...kind of courtroom showdown when it retained Brendan Sullivan, a high-profile litigator, to represent the state in the case.
 Sterling, however, said he believed the threat of remedy hearings alone might prompt Microsoft to give more ground to the holdout states.
 They "want to show Microsoft their fortitude to carry this through," he said. "This display is aimed at getting settlement leverage, not at running through the entire legal process."
 Bob Lande, an antitrust law professor at the University of Baltimore, disagreed.
 "The states have said all along they weren't going to cave," he said. "I think they're serious."
E-mail Kelly Zito at kzito@sfchronicle.com.

FOCUS - 223 of 280 DOCUMENTS

Copyright 2001 Scripps Howard, Inc.  
Scripps Howard News Service

November 06, 2001, Tuesday

SECTION: WASHINGTON DATELINE

LENGTH: 1010 words

HEADLINE: Nine states oppose Microsoft deal

BYLINE: LES BLUMENTHAL

DATELINE: WASHINGTON

BODY:
...display on their desktops. It bars Microsoft from negotiating exclusive deals with computer manufacturers and prohibits any retaliation by Microsoft against manufacturers that feature other software.
Blumenthal said he thought the agreement needed tougher provisions covering enforcement and retaliation. He added that the settlement was a good start.
"The floor we have set through this agreement cannot be broken ... even as states try to move to a higher level," he said.
Robert Lande, a University of Baltimore law professor who has followed the case closely, said continuing the lawsuit represented an "uphill battle." But Lande added the states that decided to continue the case were in a no-lose position.
"They can't do worse than the settlement and they might get more," Lande said. "Whatever more they get would be gravy. It's a shrewd move but it will cost money."
Others were ...

FOCUS - 224 of 280 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

November 6, 2001, Tuesday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 543 words

HEADLINE: States may take a stand against Microsoft

BYLINE: Paul Davidson

BODY:
...can oppose the settlement in a hearing before Kollar-Kotelly to determine if it is in the public interest. But a judge has little latitude to reject antitrust settlements, says Washington lawyer Marc Schecter.
A state can also opt to separate its lawsuit from the deal and pursue tougher remedies on its own in hearings next year. "It'll be an uphill battle" without Justice, says Bob Lande of the University of Baltimore Law School. Schecter says even a few states "can put on a very credible case."

FOCUS - 225 of 280 DOCUMENTS

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

November 5, 2001

SECTION: COURT WATCH; Pg. 11

LENGTH: 1076 words

HEADLINE: After the Settlement, the Work Begins
With a Microsoft deal on the table, D.C. District Judge Colleen Kollar-Kotelly prepares for an exacting process.

BYLINE: By Jonathan Groner

BODY:
...Kotelly said she thought the comment period could begin as soon as Nov. 16. That would place the DOJ response in mid-February 2002, and the judge said she expected to hold a hearing soon after that.
Both supporters and opponents of the government's case say they believe it unlikely that Kollar-Kotelly will use the act to block a settlement.
"The whole point of the [Tunney Act] was to detect improper political influence," says Robert Lande, an antitrust professor at the University of Baltimore who has been critical of Microsoft. "No one is alleging that has occurred here. So I'd expect a quick rubber stamp."
The law was passed in the post-Watergate era to prevent abuses such as the alleged decision by the Nixon administration to settle an antitrust case in exchange for a $400,000 corporate contribution to the Republican National Committee.
James DeLong, a ...

FOCUS - 226 of 280 DOCUMENTS

Copyright 2001 American Lawyer Media  
The Legal Intelligencer

November 5, 2001 Monday

SECTION: NATIONAL NEWS ; mic; Pg. 4

LENGTH: 877 words

HEADLINE: Microsoft Settlement Not Yet Final

BYLINE: By Jonathan Groner, American Lawyer Media

BODY:
...vis-a-vis its competitors and customers.The 60-day comment period doesn't begin until the parties have actually signed the settlement and the accompanying consent order. Since Microsoft and the government have apparently agreed in principle on a deal but not yet reduced it to writing, it may be weeks before that period begins. "The whole point of the [Tunney Act] was to detect improper political influence," said Robert Lande, an antitrust professor at the University of Baltimore who has been critical of Microsoft's conduct. "No one is alleging that has occurred here. So I'd expect a quick rubber stamp."The law was passed in the post-Watergate era to prevent abuses such as the alleged decision by the Nixon administration to settle an antitrust case in exchange for a $ 400,000 corporate contribution to the Republican National Committee.James DeLong, ...

FOCUS - 227 of 280 DOCUMENTS

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

PM Edition

November 5, 2001

LENGTH: 553 words

HEADLINE: ANTITRUST: Microsoft Antitrust Settlement Splits Legal Community

BODY:
...Microsoft that would report
suspected violations to the Justice Department.
"I am a little surprised that Microsoft agreed to this," said
Priest. "These committees have taken on a life of their own and
can be a real thorn in the side of a company. You can almost
view it as creating a subdivision of the Department of Justice
paid for by Microsoft to continue to investigate Microsoft and
receive any possible complaint."
But Bob Lande, a law professor at the University of Baltimore,
said the deal would not even "come close" to the strictures of
the appeals court because it would not restore competition,
would not deny Microsoft the fruits of illegal actions, and
essentially would delegate enforcement to computer
manufacturers.
Computer makers "depend upon Microsoft for their product.
Microsoft has shown in the past that they can do other things --
they can retaliate in a totally different ...

FOCUS - 228 of 280 DOCUMENTS

Copyright 2001 Gannett Company, Inc.  
USA TODAY

November 5, 2001, Monday, FINAL EDITION

SECTION: MONEY; Pg. 4B

LENGTH: 713 words

HEADLINE: Some states fear Microsoft deal has big loopholes

BYLINE: Paul Davidson

DATELINE: WASHINGTON

BODY:
...settlement gives Microsoft "sole discretion" to determine the software code that comprises its Windows operating system.
Some fear that provision could make it tough for Justice or the states to sue Microsoft for tying separate products to Windows, hobbling makers of competing products.
Microsoft's bundling of its Web browser in Windows, which hurt Netscape, triggered the government's lawsuit.
"If you try to bring a case, you're dead," says Bob Lande of the University of Baltimore Law School.
But Douglas Melamed, a former top Justice official, says the provision would not supercede antitrust law.
 * The deal forces Microsoft to disclose Windows code so rival products work smoothly with the system, which runs 92% of PCs. But the settlement allows Microsoft to withhold code that would compromise anti-piracy, encryption and other security measures.
"Every one of those is a loophole ...

FOCUS - 229 of 280 DOCUMENTS 

Copyright 2001 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

November 3, 2001 Saturday FINAL EDITION 

SECTION: BUSINESS, Pg. 9C 

LENGTH: 1245 words 

HEADLINE: States weigh Microsoft deal;
 Software giant, U.S. agree to settle suit but others may not;
 They get Tuesday deadline;
 Proposed settlement hailed by Gates as benefit to economy 

BYLINE: Andrew Ratner 

SOURCE: SUN STAFF 

BODY: 
...summer, her stated preference for a speedy conclusion led many to believe it wouldn't drag on much longer. The change in the White House, from Bill Clinton to President Bush, also aided Microsoft, many said.
"After the election a year ago, they celebrated (at Microsoft's headquarters) in Redmond, Washington because they knew they would get a much easier deal from the Bush people than from the Democrats," said Robert H. Lande, a law professor at the University of Baltimore who has studied the case.
"Microsoft had a waiting strategy," said Carl Howe, an industry analyst for Forrester Research Inc. in Cambridge, Mass. "It was hoping for a change at the federal level. That worked against the states."
Microsoft also said yesterday that it hopes a settlement in the United States would speed a resolution ...

FOCUS - 230 of 280 DOCUMENTS

Copyright 2001 Chicago Tribune Company  
Chicago Tribune

November 3, 2001 Saturday, NORTH FINAL EDITION

SECTION: News; Pg. 1; ZONE: N

LENGTH: 898 words

HEADLINE: Microsoft wins big in deal, critics say

BYLINE: By Frank James, Washington Bureau.

DATELINE: WASHINGTON

BODY:
...looking for the teeth and have yet to find them," said Rich Gray, a Silicon Valley lawyer.
"The proposed decree comes nowhere close to the relief contemplated by the government when it filed the [original] complaint" during the Clinton administration, said Hillard M. Sterling, a lawyer with Chicago firm Gordon and Glickson who specializes in antitrust and technology law. "This would essentially allow Microsoft to proceed with business as usual."
Robert Lande, a University of Baltimore law professor, scoffed at the penalty of a two-year extension for supervision should Microsoft violate the agreement.
"That's not much of a club over Microsoft," said Lande, who with colleagues wrote a paper that proposed stricter remedies. "What we said was if you evade for five years, we'd break you up. That would give a real incentive to comply in good faith."

FOCUS - 231 of 280 DOCUMENTS

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

November 3, 2001, Saturday SPORTS FINAL EDITION

SECTION: BUSINESS; Pg. 47

LENGTH: 458 words

HEADLINE: MICROSOFT: IT'S A DEAL Consumer groups call settlement "outrageous"

BYLINE: By RACHEL SCHEIER DAILY NEWS BUSINESS WRITER

BODY:
...companies to develop software, and it certainly doesn't discipline them," said Mark Cooper, a spokesman for the CFA.
Legal experts and analysts largely agreed the settlement, if approved, would amount to a victory for Microsoft, which was found guilty Nov. 5, 1999 of illegal monopolistic behavior by a federal judge and an appeals court.
"I think it's a capitulation on the part of the government," said Bob Lande, a law professor at the University of Baltimore. "This is not going to achieve any meaningful results for consumers."
The terms of the deal seek to end some of Microsoft's past practices, such as contract terms for PC makers that effectively forced them to include Microsoft products along with its popular Windows operating system. It also requires the company to share at least some of its technical "code" so that competitors' products can ...

FOCUS - 232 of 280 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

NOVEMBER 3, 2001, SATURDAY, FINAL EDITION

SECTION: NEWS; Pg. A1

LENGTH: 1179 words

HEADLINE: U.S., Microsoft reach settlement;

Court approval still needed

SOURCE: Chronicle Washington Bureau

BYLINE: Carolyn Lochhead

BODY:
...yesterday that the company's rivals are powerful enough, with the agreement, to offer alternatives to Microsoft products.
 "These are not small companies," James said. "This is AOL. This is RealNetworks."
 Others disagreed.
 "It's a travesty," said Norman Hawker, a resident fellow at the American Antitrust Institute, a nonprofit, consumer-oriented legal group. "I have never seen any attorneys turn their backs on a victory this big before."
 Bob Lande, a law professor at the University of Baltimore, called the settlement a "capitulation."
 "Microsoft should be celebrating a tremendous victory," he said.
 But Ernest Gellhorn, an antitrust professor at George Mason University and the author of a leading antitrust textbook, called the settlement "a shot down the middle of the fairway."
 'MODERATE BOUNDARIES'
 "I don't think it humbles or greatly hinders Microsoft on the one ...

FOCUS - 233 of 280 DOCUMENTS

Copyright 2001 Times Newspapers Limited   
The Times (London)

November 3, 2001, Saturday

SECTION: Business

LENGTH: 286 words

HEADLINE:  Microsoft antitrust pact angers rivals

BYLINE: Martin Barrow

BODY:
...calls on Microsoft to let computer makers promote rival software applications without retaliation. Microsoft must also share some technical information on its operating system with rivals.
 Ken Wasch, president of the Software and Information Industry Association, said the settlement "stunningly, will not change either Microsoft's business practices nor its software implementations one iota" and will rely on computer makers to offer diversity.
 Robert Lande, a law professor at the University of Maryland, said: "It looks like the Department of Justice has capitulated...it will be a complete victory for Microsoft."
 But Bill Gates, Microsoft chairman, said: "The settlement is fair and reasonable and is in the best interests of consumers and the economy. While this settlement imposes some very tough rules and restrictions on our business, we believe that resolving this case now is the right thing to do for our ...

FOCUS - 234 of 280 DOCUMENTS 

Copyright 2001 Agence France Presse 

Agence France Presse 

November 2, 2001 Friday 

SECTION: Financial Pages 

LENGTH: 640 words 

HEADLINE: Deal in Microsoft antitrust case uncertain 

DATELINE: WASHINGTON, Nov 1 

BODY: 
...rest of the industry by removing the uncertainty that the antitrust case has created." 
But some Microsoft critics said the settlement would be too soft on Microsoft and called on the government to reject it. 
Ken Wasch, president of the Software and Information Industry Association, said the settlement "stunningly, will not change either Microsoft's business practices nor its software implementations one iota," and will rely on computer makers to offer diversity. 
Robert Lande, a law professor at the University of Maryland, said: "It looks like the DOJ has capitulated... it will be a complete victory for Microsoft. Even if the states don't go along, it's still a major, major victory for Microsoft." 
Despite its antitrust woes, Microsoft launched the newest incarnation of its Windows operating system, Windows XP, on October 25 in a splashy ...

FOCUS - 235 of 280 DOCUMENTS 

Copyright 2001 Agence France Presse 

Agence France Presse 

November 2, 2001 Friday 

SECTION: Financial Pages 

LENGTH: 754 words 

HEADLINE: Deal in Microsoft antitrust case uncertain 

BYLINE: ROB LEVER 

DATELINE: WASHINGTON, Nov 2 

BODY: 
...rest of the industry by removing the uncertainty that the antitrust case has created." 
But some Microsoft critics said the settlement would be too soft on Microsoft and called on the government to reject it. 
Ken Wasch, president of the Software and Information Industry Association, said the settlement, "stunningly, will not change either Microsoft's business practices nor its software implementations one iota" and will rely on computer makers to offer diversity. 
Robert Lande, a law professor at the University of Maryland, said: "It looks like the DOJ (Department of Justice) has capitulated ... it will be a complete victory for Microsoft. Even if the states don't go along, it's still a major, major victory for Microsoft." 
Despite its antitrust woes, Microsoft launched the newest incarnation of its Windows operating system, Windows XP, on October 25 in ...

FOCUS - 236 of 280 DOCUMENTS

Copyright 2001 Bulletin Broadfaxing Network, Inc.  
The Bulletin's Frontrunner

November 2, 2001

SECTION: Washington News

LENGTH: 4152 words

HEADLINE: State Attorneys General Balking At Proposed Microsoft Settlement.

BODY:
...budge Microsoft's position as the world's most powerful technology company. Microsoft competitors and several states in the 3- year-old suit say it would allow the company, which has been found to have violated federal antitrust laws, to continue using Windows as a base to attack new markets such as instant messaging, digital photography and on-screen video players. . 'There's no question that the champagne should be flowing very freely in Redmond,' said Robert Lande, an antitrust expert at the University of Baltimore. The 'ensures Microsoft's continued dominance.'"
The AP (11/2, Linn) reports, "If a settlement agreement between Microsoft Corp. and the Justice Department is reached as expected Friday, the company may come out of a historic antitrust battle with just a few bruises, analysts said. . 'It would be incredibly messy for Microsoft but wouldn't have any near-term ...
...settlement." The Times adds, "The 60-day comment period doesn't begin until the parties have actually signed the settlement and the accompanying consent order. Since Microsoft and the government have apparently agreed in principle on a deal but not yet reduced it to writing, it may be weeks before that period begins." The Times notes, "'The whole point of the [Tunney Act] was to detect improper political influence,' says Robert Lande, an antitrust professor at the University of Baltimore who has been critical of Microsoft's conduct. 'No one is alleging that has occurred here. So I'd expect a quick rubber stamp.'"
Microsoft Still Faces Problems In Europe.
Business Week (11/5, Baker, Cordes, Kerstetter, Greene) reports, "It was a lesson Bill Gates couldn't miss. Last summer, General Electric Co.'s John ...

FOCUS - 237 of 280 DOCUMENTS

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

November 2, 2001

SECTION: NATIONAL NEWS; No. 89; Pg. p4

LENGTH: 887 words

HEADLINE: Microsoft Settlement Not Yet Final

BYLINE: By Jonathan GronerAmerican Lawyer Media

BODY:
...vis-a-vis its competitors and customers.
The 60-day comment period doesn't begin until the parties have actually signed the settlement and the accompanying consent order. Since Microsoft and the government have apparently agreed in principle on a deal but not yet reduced it to writing, it may be weeks before that period begins.
"The whole point of the [Tunney Act] was to detect improper political influence," said Robert Lande, an antitrust professor at the University of Baltimore who has been critical of Microsoft's conduct. "No one is alleging that has occurred here. So I'd expect a quick rubber stamp."
The law was passed in the post-Watergate era to prevent abuses such as the alleged decision by the Nixon administration to settle an antitrust case in exchange for a $400,000 corporate contribution to the Republican National Committee.
James DeLong, ...

PERSON: 
JEFFREY JACOBOVITZ (71%); STANLEY SPORKIN (65%); ROBERT LANDE (63%); JAMES DELONG (57%); 

FOCUS - 238 of 280 DOCUMENTS

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

November 2, 2001 Friday  Home Edition

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

LENGTH: 1483 words

HEADLINE: The Nation;
;
States Reject Settlement of Microsoft Antitrust Suit;
Computers: Opponents say proposed deal would allow the company to continue using Windows to attack new markets.

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

BODY:
"There's no question that the champagne should be flowing very freely in Redmond," said Robert Lande, an antitrust expert at the University of Baltimore. The settlement "ensures Microsoft's continued dominance."
By unanimously refusing to sign the agreement, the states are leaving it to the judge to decide whether they can have more time to review the pact or whether the case should proceed directly to a required hearing on its fairness. Earlier, Kollar-Kotelly said she would not consider an extension to today's settlement deadline.
If a fairness hearing is held without the ...

FOCUS - 239 of 280 DOCUMENTS

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

PM Edition

November 2, 2001

LENGTH: 557 words

HEADLINE: ANTITRUST: Justice, Microsoft Laud Their Settlement As Fair

BODY:
...strongly disputed by Microsoft rivals and
some legal experts. Although District Judge Thomas Penfield
Jackson had ordered a set of interim conduct remedies as a well
as a breakup of the company in June 2000, the appeals court
reversed that decision. The settlement is more limited than
Jackson's interim proposal.
"The court of appeals said [an appropriate remedy] should
restore competition to the market that they illegally
monopolized," said Bob Lande, an antitrust law professor at the
University of Baltimore. "I don't see how this comes close.
Second, it is supposed to deny Microsoft the fruits of its
illegal actions. How does this do anything to undo their grip of
the browser market or to prevent them from doing similar acts in
the future?"
But James DeLong, a senior fellow at the Competitive Enterprise
Institute, argued, "The government got all it was entitled to
under the ...

FOCUS - 240 of 280 DOCUMENTS

Copyright 2001 New York Law Publishing Company  
New York Law Journal

November 2, 2001 Friday

SECTION: Pg. 1

LENGTH: 877 words

HEADLINE: Focus in Settlement of Microsoft Shifts to Public Comment Phase

BYLINE: By Jonathan Groner American Lawyer Media

DATELINE: WASHINGTON, D.C.

BODY:
...behavior vis-a-vis its competitors and customers.
The 60-day comment period does not begin until the parties have signed the settlement and the accompanying consent order. Since Microsoft and the government have apparently agreed in principle on a deal but not yet reduced it to writing, it may be weeks before that period begins.
"The whole point of the [Tunney Act] was to detect improper political influence," said Robert Lande, an antitrust professor at the University of Baltimore School of Law who has been critical of Microsoft's conduct. "No one is alleging that has occurred here. So I'd expect a quick rubber stamp."
The law was passed in the post-Watergate era to prevent abuses such as the alleged decision by the Nixon Administration to settle an antitrust case in exchange for a $ 400,000 corporate contribution to the Republican National Committee. ...

FOCUS - 241 of 280 DOCUMENTS

Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

November 2, 2001, Friday

LENGTH: 809 words

HEADLINE: Feds, Microsoft Settle Antitrust Case; Doubts Linger

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

BODY:
...any substantial changes to its new XP operating system, which continues Microsofts practice of tightly bundling applications such as instant messaging and media players with its operating system.
ProComp, an anti-Microsoft group chiefly comprising the software  Giant's high-tech competitors, called the settlement "laughable."
"Let's not try to pretend that this agreement will restore competition to the market, because it won't," said ProComp President Mike Petit.
Bob Lande, a law professor with the University of Baltimore,  said the pact adds virtually nothing to settlement terms  Microsoft tentatively agreed to under a settlement proposed by Judge Richard Posner in 1998. Among other things,  that deal would have forced Microsoft to disclose all of its  Windows source code.
This is not an advancement from three years ago, its a retreat, Lande said. Its a capitulation, and the only thing thats   ...

FOCUS - 242 of 280 DOCUMENTS

Copyright 2001 Sentinel Communications Co.  
Orlando Sentinel (Florida)

November 2, 2001 Friday, METRO

SECTION: A SECTION; Pg. A1

LENGTH: 648 words

HEADLINE: STATES SEEK TIME TO PONDER JUSTICE'S DEAL WITH MICROSOFT

BYLINE: Heather Fleming Phillips, San Jose (Calif.) Mercury News

BODY:
Discussions continued Thursday, leaving in limbo the question of whether the 18 states will join the agreement or continue their battle without Justice's deep financial and legal resources.
"Justice would like to have the states on board -- if nothing else, it gives them political cover," said Robert Lande, a law professor at the University of Baltimore following the case closely. "If the states don't go along, they've got to answer the charge that they're capitulating to Microsoft."
The parties head back to court today to brief federal Judge Colleen Kollar-Kotelly on the status of their negotiations. Justice and Microsoft will likely outline the details of their agreement.
Under the settlement, Microsoft would be forced to give computer manufacturers more flexibility ...

FOCUS - 243 of 280 DOCUMENTS

Copyright 2001 PR Newswire Association, Inc.  
PR Newswire

November 2, 2001, Friday

SECTION: FINANCIAL NEWS

DISTRIBUTION: TO TECHNOLOGY AND BUSINESS EDITORS

LENGTH: 1572 words

HEADLINE: Settlement or Sell Out?;
What Analysts and Observers Are Saying About The Proposed Settlement of United States v Microsoft Corp.

DATELINE: WASHINGTON, Nov. 2

BODY:
...Andrew Gavil, basing his comments on news accounts of the agreement. "It may simply be inadequate to cure the competitive problem, and especially at this stage, Microsoft has had four more years to become more entrenched, and that's what hearings would demonstrate. And those would demonstrate that you need a stronger remedy today than you would have needed three years ago." (The Washington Post 11/2/01)
 "There's no question that the champagne should be flowing very freely in Redmond," said Robert Lande, an antitrust expert at the University of Baltimore. The settlement "ensures Microsoft's continued dominance."  (The Los Angeles Times 11/2/01)
 "If the legal stuff is beyond it, Microsoft will be able to now once again stretch its limits and see what it can get away with," said analyst Henry Blodget of Merrill Lynch & Co. in New York. "And, two, (Microsoft can) focus 100 percent ...

FOCUS - 244 of 280 DOCUMENTS

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

November 2, 2001 Friday

SECTION: NEWS; Pg. 3

HEADLINE: THE PUBLIC GETS A CHANCE TO WEIGH IN ON MICROSOFT

BYLINE: BY Jonathan Groner; AMERICAN LAWYER MEDIA

BODY:
...vis-a-vis its competitors and customers.
The 60-day comment period doesn't begin until the parties have actually signed the settlement and the accompanying consent order. Since Microsoft and the government have apparently agreed in principle on a deal but not yet reduced it to writing, it may be weeks before that period begins.
"The whole point of the [Tunney Act] was to detect improper political influence," says Robert Lande, an antitrust professor at the University of Baltimore who has been critical of Microsoft's conduct. "No one is alleging that has occurred here. So I'd expect a quick rubber stamp."
The law was passed in the post-Watergate era to prevent abuses such as the alleged decision by the Nixon administration to settle an antitrust case in exchange for a $400,000 corporate contribution to the Republican National Committee.
James DeLong, ...

PERSON: 
JEFFREY JACOBOVITZ (70%); STANLEY SPORKIN (65%); ROBERT LANDE (63%); JAMES DELONG (57%); 

FOCUS - 245 of 280 DOCUMENTS

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

November 2, 2001, Friday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K0010

LENGTH: 735 words

HEADLINE: States undecided about proposed Microsoft settlement

BYLINE: By Heather Fleming Phillips

BODY:
...details, state officials immediately raised concerns that it would not go far enough to prevent Microsoft from future anti-competitive conduct.
Discussions continued on Thursday, leaving in limbo the question of whether the 18 states will join the agreement or continue their battle without Justice's deep financial and legal resources.
"Justice would like to have the states on board _ if nothing else it gives them political cover," said Robert Lande, a law professor at the University of Baltimore who has been following the case closely. ''If the states don't go along, they've got to answer the charge that they're capitulating to Microsoft."

FOCUS - 246 of 280 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

NOVEMBER 2, 2001, FRIDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B1

LENGTH: 1243 words

HEADLINE: States could derail Microsoft settlement;

California's attorney general promises to review Justice Dept. deal

SOURCE: Chronicle Staff Writers

BYLINE: Kelly Zito and Henry Norr

BODY:
...widely acknowledged that the states derailed settlement talks last year by pushing for stiffer remedies than those sought by the Clinton administration's Justice Department.
 If some or all of the states reject the new settlement proposal, they could ask Kollar-Kotelly to proceed with plans to hold hearings in March on remedies.
 "It's feasible that the DOJ and Microsoft say this is in the public interest, and the states say it's not," said Bob Lande, an antitrust law professor at the University of Baltimore.
 If that happens, many observers say it's unlikely the states would prevail.
 "Getting what they want without the DOJ would be very difficult," said Richard Gilbert, a former Justice Department economist and current economics professor at the University of California at Berkeley.
 In 1994, Judge Stanley Sporkin rejected a proposed settlement in the first round of antitrust litigation ...

FOCUS - 247 of 280 DOCUMENTS 

Copyright 2001 The Washington Post 

 The Washington Post 

November 02, 2001, Friday, Final Edition 

SECTION: FINANCIAL; Pg. E01 

LENGTH: 1562 words 

HEADLINE: States Scorning U.S.-Microsoft Deal 

BYLINE: Jonathan Krim and James V. Grimaldi, Washington Post Staff Writers 

BODY: 
...up losing, James told the senator, then antitrust prosecutors would be unable to move on other issues and that would send a bad message, the sources said. 
 A Justice Department spokeswoman denied that James said a lack of resources played any role in decisions in the Microsoft case. James has said he was prepared to litigate the case to a conclusion. 
 "James had been acting real tough until now," said Robert Lande, a University of Baltimore professor of antitrust law who followed the case closely. "But when it comes down to it, Microsoft broke open the champagne when Bush was elected." 
Staff writer Carrie Johnson contributed to this report.  

FOCUS - 248 of 280 DOCUMENTS 

Copyright 2001 Agence France Presse 

Agence France Presse 

November 1, 2001 Thursday 

SECTION: Financial Pages 

LENGTH: 548 words 

HEADLINE: Microsoft deal in antitrust case may lift cloud 

BYLINE: ROB LEVER 

DATELINE: WASHINGTON, Nov 1 

BODY: 
...Association, said the settlement "stunningly, will not change either Microsoft's business practices nor its software implementations one iota," and will rely on computer makers to offer diversity. 
"The challenge posed by the proposed remedy is not merely 'wordsmithing' as reported in the press," he said. 
"It's about a framework that is ineffective and inconsistent with the law. It does nothing to promote competition and innovation despite years of documentation to the contrary." 
Robert Lande, a law professor at the University of Maryland, said: "It looks like the DOJ has capitulated... it will be a complete victory for Microsoft. Even if the states don't go along, it's still a major, major victory for Microsoft." 
If settlement talks fail, US District Court Judge Colleen Kollar-Kotelly will have to decide how to penalize Microsoft for its antitrust violations. The ...

FOCUS - 249 of 280 DOCUMENTS

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

November 1, 2001 Thursday

SECTION: NEWS & COMMENTARY; MARKETS

LENGTH: 952 words

HEADLINE: Settlement not necessarily last word in MSFT case

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

BODY:
...Colleen Kollar-Kotelly to reject a settlement agreement during the Tunney Act review.
Kollar-Kotelly, who was assigned in August to determine a remedy in the case, has relatively little antitrust experience and likely has yet to delve into the complicated details of the three-year case and the intricacies of the software market.
"It would be awfully tempting (for the judge) to just pretend to listen to the states and then side with the DOJ and Microsoft," said Robert Lande, a professor at the University of Baltimore School of Law.
Kollar-Kotelly has pressed both sides aggressively to reach a deal.
 
Seeking tougher remedies
Two state attorneys general -- New York's Eliot Spitzer and California's Bill Lockyer -- this summer said they were ready to strike out on their own to seek stricter remedies if unhappy with the Justice Department's approach. Last month, the states announced they had hired high- ...

FOCUS - 250 of 280 DOCUMENTS

Copyright 2001 Chicago Tribune Company  
Chicago Tribune

November 1, 2001 Thursday, NORTH SPORTS FINAL EDITION

SECTION: News; Pg. 1; ZONE: N

LENGTH: 818 words

HEADLINE: Microsoft, U.S. near a deal;
States study terms in antitrust suit

BYLINE: From Tribune news services. Tribune staff reporters Frank James and Ray Long contributed to this report.

DATELINE: WASHINGTON

BODY:
...administration wasn't pushing for tough enough penalties such as requiring Microsoft to disclose its source code blueprints for its flagship Windows operating system.
"The Justice Department isn't settling this case, it is selling out consumers, competition, and all those who want a vibrant, innovative high tech industry contributing strength to our economy," the group's president, Ed Black, said in a statement.
Antitrust expert Bob Lande, a professor at the University of Baltimore Law School, said: "This [settlement] shouldn't come as a surprise. This was decided on the day George Bush was elected and then put in a conservative as the head of the Justice Department's antitrust division."
Microsoft spokesman Vivek Varma said Wednesday that he would not discuss "any aspect of the confidential discussions" but added that, "We believe a settlement would be good for consumers and the overall economy." ...

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

November 1, 2001 Thursday

SECTION: CORPORATE RESTRUCTURING

LENGTH: 1317 words

HEADLINE: Feds and Microsoft near settlement

BYLINE: by Jaret Seiberg in Washington

BODY:
...University law professor whom U.S. District Judge Colleen Kollar-Kotelly appointed mediator Oct. 12, guided the agreement. The judge had given the parties until today to negotiate a settlement. In her scheduling order, she said she would not grant any extensions. The parties will give the court an update at 9 a.m.
The settlement is widely viewed as favorable for Microsoft. "Today there is no spin," said Robert Lande, a professor at the University of Baltimore law school. "This is a big Microsoft victory."
Lande said the settlement would not end Microsoft's monopoly in operating systems or deprive it of the fruits of that monopoly. Both of those requirements were set by the federal appeals court when it sent the case to Kollar-Kotelly for a remedy hearing.
"This looks awfully wimpy to me," Lande said.
New York University professor ...

PERSON: 
ROBERT LANDE (59%); 

FOCUS - 252 of 280 DOCUMENTS

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

October 25, 2001 Thursday

SECTION: BUSINESS; Pg. C1

LENGTH: 1105 words

HEADLINE: Released today, Windows XP raises questions

BYLINE: Kelly Zito San Francisco Chronicle

BODY:
...photo services, you can."
Theoretically, Microsoft could be forced to make changes to XP as part of a penalty for antitrust violations. However, one legal expert said it is highly unlikely such a remedy would be put in place before Microsoft edges rivals such as AOL Time Warner and RealNetworks out of certain markets.
"We're going to have a fine world ... . It will just be a Microsoft world," said Bob Lande, an antitrust law professor at the University of Baltimore. "If you believe in consumer choice, and that competition is the best way to create consumer choice, that's sad."
But the biggest question swirling around XP may be whether it sells. Businesses may not have much choice. Under recent licensing changes, Microsoft is requiring many companies to upgrade by June or face much $250 million into marketing the product. And many of its ...

FOCUS - 253 of 280 DOCUMENTS

Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

OCTOBER 22, 2001, MONDAY, FINAL EDITION

SECTION: BUSINESS; Pg. F1

LENGTH: 1366 words

HEADLINE: XP;

New Windows breakthrough;

XP is leaps and bounds beyond previous operating systems, but it raises some troubling questions

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...photo services, you can."
 Theoretically, Microsoft could be forced to make changes to XP as part of a penalty for antitrust violations. However, one legal expert said it is highly unlikely such a remedy would be put in place before Microsoft edges rivals such as AOL Time Warner and RealNetworks out of certain markets.
 "We're going to have a fine world -- It will just be a Microsoft world," said Bob Lande, an antitrust law professor at the University of Baltimore. "If you believe in consumer choice, and that competition is the best way to create consumer choice, that's sad."
 But the biggest question swirling around XP may be whether it sells. Businesses may not have much choice. Under recent licensing changes, Microsoft is requiring many companies to upgrade by June or face much higher fees. In addition, Microsoft is ...

FOCUS - 254 of 280 DOCUMENTS 

Copyright 2001 The Irish Times 

The Irish Times 

October 15, 2001 

SECTION: CITY EDITION; COMPUTIMES; Pg. 8 

LENGTH: 1222 words 

HEADLINE: E-commerce disappoints banks 

BODY: 
...goodbody.ie 
Text Bites 
"Settling means no matter what the agreement, there will be immediate constraints on their behavior. Not settling means no constraints until at least next summer, and maybe over a year from now." - Howard University law professor Andy Gavil expressing doubts that Microsoft would settle their antitrust case. 
"I'm not at all hopeful that the settlement route is going to work," - Bob Lande a professor at the University of Baltimore, agreeing that a settlement is unlikely.  

FOCUS - 255 of 280 DOCUMENTS

Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

October 15, 2001, Monday , FINAL

SECTION: BUSINESS, Pg. E1

LENGTH: 812 words

HEADLINE: JUDGE NAMES MEDIATOR IN MICROSOFT CASE;
APPOINTMENT OF DISPUTE-RESOLUTION SPECIALIST ERIC GREEN IS CALLED 'A LOGICAL APPROACH'

SOURCE: P-I STAFF AND NEWS SERVICES

BODY:
Green's appointment "is a logical approach," University of Baltimore professor Bob Lande, an antitrust expert, said yesterday. "Posner knew everything about antitrust law, but that didn't work, so now they're trying someone who knows a lot about how to make people come to an agreement."
Green is a Boston University law professor and the founder of two Boston dispute-resolution firms, JAMS/ Endispute Inc. and Resolutions LLC. He has little background in ...

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

October 13, 2001, Saturday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K7309

LENGTH: 732 words

HEADLINE: Microsoft, government don't reach settlement by deadline

BYLINE: By Heather Fleming Phillips

BODY:
...opposed a mediator's involvement.
Mediation has also been tried before and failed. Federal appeals judge Richard Posner, a widely respected jurist, mediated discussions last year for several months before they collapsed.
The key to the case is how badly the Justice Department under the leadership of antitrust chief Charles James wants out of the battle, observers of the case say.
''If James wants to settle, then they can settle," said Robert Lande, a law professor with the University of Baltimore and antitrust expert. ''I don 't think the mediator would make any difference."
James has given few clues as to where he comes down on settlement, but Microsoft competitors and state officials involved in the case are worried that Justice will reach an agreement with Microsoft that lacks teeth.
Justice announced last month that it would no longer pursue a breakup of the ...

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Copyright 2001 The Seattle Times Company  
The Seattle Times

October 13, 2001, Saturday Fourth Edition

SECTION: ROP ZONE; Business; Pg. C1

LENGTH: 616 words

HEADLINE: Renowned mediator called in
The Microsoft case But Nov. 2 deadline seen as challenge

BYLINE: Brier Dudley; Seattle Times technology reporter

BODY:
Yesterday morning, prosecutors and the company informed the judge they were unable to settle the case themselves and asked her to appoint Green. The judge complied with an order, entered late yesterday, that noted her "particular appreciation of the parties' efforts in coming to agreement on a facilitator/mediator."
"This is a very good sign, that they were able to agree," said Bob Lande, a University of Baltimore antitrust expert.
Green, a magna cum laude graduate of Harvard Law School best known for mediating asbestos-injury lawsuits, is the second legal expert assigned to resolve the case.
Appellate Judge Richard Posner nearly brokered an agreement last year before the effort was called off. A short time later, the district court issued its ruling that Microsoft was ...

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

October 12, 2001 Friday

SECTION: BUSINESS; Pg. C5

LENGTH: 592 words

HEADLINE: Microsoft, U.S. to negotiate with mediator

BYLINE: The Associated Press

BODY:
...now."
Meanwhile, Microsoft would be free to keep selling its new operating system, Windows XP, and develop new initiatives like .NET and X-Box, unhindered by the courts.
If a settlement isn't reached, the sides will go back to court to decide what penalty Microsoft should face for breaking antitrust laws and hurting competition. A trial would be held in March, with a verdict some months later.
Bob Lande, a professor at the University of Baltimore, agreed that a settlement was unlikely.
"I'm not at all hopeful that the settlement route is going to work," Lande said.
Such pessimism has been partially fueled by Microsoft's public statements.
During a scheduling hearing two weeks ago, Microsoft lawyer John Warden launched into an attack on one of the penalties proposed by the government. He said that allowing rivals to ...

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Copyright 2001 The Baltimore Sun Company
All Rights Reserved 

The Baltimore Sun 

October 10, 2001 Wednesday FINAL EDITION 

SECTION: BUSINESS, Pg. 1C 

LENGTH: 894 words 

HEADLINE: High court says 'no' to Microsoft;
 Justices deny request to hear appeal of antitrust decision;
 Few surprised by rejection;
 Status of settlement unclear; deadline near for picking mediator 

BYLINE: Andrew Ratner 

SOURCE: SUN STAFF 

BODY: 
"We understood coming in that very few petitions to the Supreme Court are granted," Microsoft spokesman Jim Desler said at the company's headquarters in Redmond, Wash.
"It was a desperation move on Microsoft's part, a Hail Mary pass, a 1-in-100 shot," said Robert H. Lande, a law professor at the University of Baltimore. "But why not take it? They had nothing to lose."
Some observers said the political environment in Washington has improved for Microsoft in recent months, in part as a result of the Sept. 11 terrorist attacks. Tough action against the company, a bellwether of the technology sector, might be seen as inappropriate given the damaged economy, some said.
Speculation has also ...

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Copyright 2001 Globe Newspaper Company  
The Boston Globe

October 10, 2001, Wednesday ,THIRD EDITION

SECTION: BUSINESS; Pg. D1

LENGTH: 942 words

HEADLINE: SUPREME COURT REBUFFS MICROSOFT ORDER FORCES SOFTWARE GIANT TO SETTLE CASE OR FACE STIFF REMEDIES

BYLINE: By Lyle Denniston, Globe Correspondent

BODY:
...Microsoft be split into two companies to break its Windows monopoly.
"Prosecutors now are seeking remedies they know the Court of Appeals will approve," Wood said, including controls on prices Microsoft can charge for software and restrictions on tying software products to its Windows operating system. She called the settlement talks "a delicate process in trying to reach consensus among a wide variety of participants."
Robert H. Lande, a University of Baltimore law professor who has been closely following the case, said there are two "wild cards" as the settlement negotiations continue. One is the Bush administration's antitrust chief in the Justice Department, Charles James. A conservative Republican, James may be under
political pressure to settle, Lande said.
The other wild card, he said, is "the more aggressive states" opposing Microsoft, including Connecticut, New York, ...

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Copyright 2001 Bulletin Broadfaxing Network, Inc.  
The Bulletin's Frontrunner

October 10, 2001

SECTION: Washington News

LENGTH: 1265 words

HEADLINE: High Court Declines To Hear Microsoft Case.

BODY:
USA Today (10/9, Davidson) reported, "The Supreme Court on Tuesday denied Microsoft's request to overturn a landmark ruling that said Microsoft illegally protected its Windows software monopoly. . As widely expected, the Supreme Court rejected the long-shot petition without comment. 'The court typically doesn't get immersed in this kind of thing,' says Bob Lande of the University of Baltimore Law School. 'This is not a grand matter of policy.'" USA Today continued, "Microsoft could still appeal the entire case to the high court after an expected hearing next year to determine punishment." USA Today added, "Tuesday's ruling may help the government in settlement talks now with Microsoft by taking a bargaining chip away from the software titan, Lande says. ...

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

October 10, 2001 Wednesday

SECTION: FINANCIAL; Pg. 72

LENGTH: 518 words

HEADLINE: Microsoft won't get new trial

BYLINE: Greg Stohr; James Rowley

BODY:
Tuesday's high court abstention deprives Microsoft of leverage in settlement talks ordered by the new trial judge. The decision removes the prospect the Justice Department and 18 states might have to begin the three-year-old case from scratch.
"It might give the government a tiny psychological edge in negotiations," said Robert Lande, an antitrust expert at the University of Baltimore law school.
Microsoft shares, which had risen 12 percent this month, lost half of that gain Tuesday, or $3.48, to close at $54.56.
The high court's refusal to review Microsoft's appeal "has cut off the air supply to the company's legal strategy of denial and delay," said Mike Pettit, president of ProComp, a Washington trade association that represents Microsoft critics such as Oracle ...

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

October 10, 2001, Wednesday

SECTION: BUSINESS AND FINANCIAL NEWS

KR-ACC-NO:  K5661

LENGTH: 665 words

HEADLINE: Supreme Court turns away Microsoft appeal

BYLINE: By Heather Fleming Phillips

BODY:
...in that very few petitions for Supreme Court review are granted," said Microsoft spokesman Jim Desler.
Justice Department spokesman Gina Talamona said they were "pleased" by the court's decision and would "continue our progress in the District Court."
Legal experts say the company's filing was a long shot, aimed at delaying further court proceedings to determine a punishment against the company.
"This was entirely expected," said Robert Lande, a law professor at the University of Baltimore and antitrust expert. "The disqualification of a judge is not the kind of philosophical or policy issue that the Supreme Court wants to take up."
Dana Hayter, an antitrust attorney with Fenwick & West law firm in San Francisco, said Supreme Court review was unlikely in part because legal proceedings are still ongoing. "They really want to look at the whole case from top to ...

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Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

OCTOBER 10, 2001, WEDNESDAY, FINAL EDITION

SECTION: BUSINESS; Pg. D1

LENGTH: 987 words

HEADLINE: Justices reject appeal;

Microsoft case to lower court

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
 The Supreme Court petition "was a desperation move by Microsoft," said University of Baltimore antitrust law professor Bob Lande. "They gambled, and they didn't have much to lose, but they did lose."
 For the past four years, the Justice Department has maintained that Microsoft thwarted competition and hurt consumers by illegally wielding monopoly power in the software industry. Microsoft has denied any wrongdoing.
 In June, the U.S. Court of Appeals for the District of Columbia removed Jackson from the case, citing his "egregious" misconduct. However, the same court unanimously upheld Jackson's finding that ...

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Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

October 10, 2001, Wednesday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 967 words

HEADLINE: SUPREME COURT REFUSES TO HEAR MICROSOFT APPEAL;
PARTIES NOW HAVE UNTIL FRIDAY TO SETTLE 3-YEAR-OLD ANTITRUST CASE

SOURCE: P-I STAFF AND NEWS SERVICES

BODY:
The justices' decision, announced yesterday, removes the prospect that the Justice Department and 18 states might have to start the 3-year-old case from scratch. It eliminates Microsoft's incentive to stall negotiations in the hopes a new trial would delay penalty proceedings, said Litan and other antitrust experts.
And "it might give the government a tiny psychological edge in negotiations," said Bob Lande, an antitrust expert at the University of Baltimore law school.
Microsoft spokesman Jim Desler denied the Supreme Court's move changes the company's negotiating position. But he acknowledged that "we're disappointed our petition wasn't accepted. It was strong and dealt with an important issue."
Shares closed down $3.48, or 6 percent, at $54.56, climbing 9 cents in after-hours trading.
The court's order was " ...

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Copyright 2001 Gannett Company, Inc.  
USA TODAY

October 10, 2001, Wednesday, FINAL EDITION

SECTION: MONEY; Pg. 2B

LENGTH: 524 words

HEADLINE: No new trial for Microsoft, high court rules

BYLINE: Paul Davidson

BODY:
"The court typically doesn't get immersed in this kind of thing," says Bob Lande of the University of Baltimore Law School. "This is not a grand matter of policy."
Plus, he says, a conservative appeals court already had unanimously upheld Jackson's core ruling.
Tuesday's ruling may help the government in current settlement talks with Microsoft by taking a bargaining chip away from the software titan, Lande says. Still, he says, the effect likely will be minimal because the court's decision was widely ...

PERSON: 
THOMAS PENFIELD JACKSON (92%); COLLEEN KOLLAR-KOTELLY (64%); BOB LANDE (55%); 

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Copyright 2001 News World Communications, Inc.  
The Washington Times

October 10, 2001, Wednesday, Final Edition

SECTION: PART A; NATION; Pg. A4

LENGTH: 666 words

HEADLINE: Microsoft loses bid to get new hearing

BYLINE: Frank J.  Murray; THE WASHINGTON TIMES

BODY:
...another way.  Microsoft shares declined markedly immediately after the order was issued, and analysts blamed the prospect of setbacks for the software maker.
Penalty proceedings are set for March 11 if the "intensive" talks fail to find a remedy agreeable to all sides to overcome Microsoft's dominance in the industry, which has produced a virtual monopoly of the Windows operating system on personal computers.
Antitrust law specialist Robert H.  Lande, a professor at the University of Baltimore, said yesterday's refusal to halt the penalty phase midstream "might give the government a tiny psychological edge in negotiations" because it ends the potential that the federal government and 18 states joining the lawsuit would have to retry their entire case.
Justice Department spokesman Gina Talamona said the government was "pleased with the court's decision," which followed Solicitor General Theodore B.  Olson's recommendation to ...

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Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

OCTOBER 9, 2001, TUESDAY, EDITION: PM = EDITION

SECTION: NEWS; Pg. A1

LENGTH: 777 words

HEADLINE: Justices say no to Microsoft appeal;

Antitrust case turns now to penalty phase

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...said spokesman Jim Desler. "We're going to continue to move forward with the case and work with good faith with the government to settle the case."
 Justice Department spokeswoman Gina Talamona said the agency was pleased with the decision and would "continue our progress in the district court."
 Legal analysts largely predicted today's decision.
 The Supreme Court petition "was a desperation move by Microsoft," said University of Baltimore antitrust law professor Bob Lande. "They gambled, and they didn't have much to lose, but they did lose."
 The justices turned aside Microsoft's appeal without comment.
 In its brief, Microsoft said Jackson, in out-of-court comments about the case to reporters, created the appearance of bias and therefore tainted his entire ruling. In a book published after the release of Jackson's findings, Jackson compared Microsoft Chairman Bill Gates to Napoleon and the company to a murderous street ...

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Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

October 5, 2001, Friday

LENGTH: 980 words

HEADLINE: Group Wants 'Must-Carry' Rules In Microsoft Remedies

BYLINE: Brian Krebs;Newsbytes

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

BODY:
...appoint a "special master" employed at Microsoft's expense to oversee the company's compliance with any conduct remedies. The group also insists that the court keep a breakup order on the table in the event that the software giant fails to implement the conduct remedies within a period of five years.
"In other words, after five years of bad faith, it would be time to break up Microsoft," said Bob Lande, an AAI director and a law professor at the University of Baltimore.
"Whatever the particulars should be in the proposal, there should be both a carrot and stick for Microsoft to make sure they comply with the court's order," he said. "Otherwise the order simply will not be heeded."
For its part, Microsoft and its trade groups say the AAI proposals are an outgrowth of the state attorneys generals' recent coziness with some of the company's biggest rivals.
" ...

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Copyright 2001 PR Newswire Association, Inc.  
PR Newswire

October 5, 2001, Friday

SECTION: WASHINGTON DATELINE

DISTRIBUTION: TO LEGAL, TECHNOLOGY AND NATIONAL EDITORS

LENGTH: 400 words

HEADLINE: Conduct Remedies in the Microsoft Monopolization Litigation: An AAI Press Briefing

DATELINE: WASHINGTON, Oct. 5

BODY:
...law requires that the remedy must achieve three goals: restore competition to the PC operating system market, prevent Microsoft from engaging in similar conduct in the future, and deprive Microsoft of the fruits of its illegal conduct. As the Court of Appeals said, we must 'terminate the illegal monopoly.'" 
    In order to assist the public in evaluating conduct remedies that will likely be considered as the case goes forward, the AAI's Norman Hawker and Robert Lande presented a discussion of the components of effective conduct relief. They were joined for additional commentary by two AAI Advisory Board members, law professors Jonathan Baker of American University and Andrew Gavil of Howard University. 
    The white paper focused on ten aspects of a comprehensive remedy package: OEM Bootup Rights; Licensing the Source Code; "Must Carry" JAVA; No More Embrace and Extend; " ... 
 
CONTACT: Albert A. Foer, President of The American Antitrust Institute, +1-202-244-9800, bfoer@aol.com; Robert H. Lande, Senior Research Fellow, of The American Antitrust Institute, and Venable Professor of Law, University of Baltimore Law School, +1-410-837-4538, rlande@ubmail.ubalt.edu; or Norman Hawker, Research Fellow, of The American Antitrust Institute, and Associate Professor, Haworth College of Business, Western Michigan University, +1-616-387-6118, norman.hawker@wmich.edu

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Copyright 2001 Gannett Company, Inc.  
USA TODAY

October 1, 2001, Monday, FINAL EDITION

SECTION: MONEY; Pg. 1B

LENGTH: 447 words

HEADLINE: Microsoft case gets deadline of Oct. 12

BYLINE: Paul Davidson

DATELINE: WASHINGTON

BODY:
...violations found by the court in order to restore competition and prevent future breaches.
In a written order after the hearing, she invoked the Sept. 11 attacks: "In light of the recent tragic events affecting our nation, this court regards the benefit which will be derived from a quick resolution of these cases as increasingly significant." Still, most experts say the chances of settlement are slim. "Defendants want to delay," says Bob Lande of University of Baltimore Law School.

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Copyright 2001 Toronto Star Newspapers, Ltd.  
Hamilton Spectator (Ontario, Canada)

September 29, 2001 Saturday Final Edition

SECTION: BUSINESS; Pg. B03

LENGTH: 530 words

HEADLINE: Microsoft deal pushed; Negotiate 24 hours a day, judge orders

BYLINE: D. Ian Hopper

DATELINE: WASHINGTON

BODY:
...said Microsoft was guilty of holding an illegal monopoly and sent the case back to the district court to decide a new penalty.
If the case isn't settled by Nov. 2, a penalty will be devised in court, Kollar-Kotelly said, and she set a swift schedule for that phase that sided with prosecutors in most aspects.
"The government basically got what they wanted," University of Baltimore law professor Bob Lande said.
Microsoft had argued that the government should specify the scope of the penalty first. Kollar-Kotelly dismissed that argument.
The Justice Department has said it is no longer seeking to break up Microsoft, but is opting instead for restricting its business practices.
Prosecutors have not said what restrictions they would seek.

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Copyright 2001 Seattle Post-Intelligencer  
THE SEATTLE POST-INTELLIGENCER

September 29, 2001, Saturday , FINAL

SECTION: NEWS, Pg. A1

LENGTH: 1295 words

HEADLINE: IT'S TIME TO SETTLE, JUDGE TELLS MICROSOFT LITIGANTS SHE CITES IMPORTANCE OF ECONOMIC RECOVERY AFTER TERROR ATTACKS

BYLINE: CHARLES POPE P-I Washington correspondent

DATELINE: WASHINGTON

BODY:
...line for two hours to get in. The interest stemmed from the fact that the Microsoft case is the most significant antitrust case in a generation. Legal analysts said it was impossible to come to any solid conclusions about Kollar-Kotelly's posture in the case.  The analysts said she was well prepared and "she seemed very firm."
"The government basically got 90 percent of what they wanted," said University of Baltimore law professor Bob Lande, who has been following the case from the start.
On questions large and small, Kollar-Kotelly generally sided with the government. She refused to narrow the scope of potential remedies as requested by Microsoft. "It is premature to now address the appropriateness of specific provisions when the government itself has not specified" the range of potential penalties that might be imposed, she said.
She declined to give Microsoft the time it wanted for discovery and to produce documents.
She also ruled that direct ...

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Copyright 2001 The Washington Post 

 The Washington Post 

September 29, 2001, Saturday, Final Edition 

SECTION: FINANCIAL; Pg. E01 

LENGTH: 669 words 

HEADLINE: Microsoft Judge Presses Sides To Settle Case 

BYLINE: Jonathan Krim, Washington Post Staff Writer 

BODY: 
...not think mediation would help. The judge said that if no settlement is reached by Oct. 12, she wants the two sides to jointly nominate a mediator. If they cannot agree on one, she said she would make the choice. 
 The move surprised some legal analysts, who noted that a previous mediation effort after the original trial failed to produce a settlement. 
 "The odds against that being productive are enormous," said Robert Lande, an antitrust professor at the University of Baltimore law school. Lande said that it would be difficult for a mediator to get sufficiently up to speed on the case and broker a settlement between Oct. 12 and Nov. 2. 
 Kollar-Kotelly outlined a schedule for how the case would proceed if the parties don't settle. 
 Assuming no settlement, she ordered state and federal prosecutors to submit their plan ...

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Copyright 2001 Post-Newsweek Business Information, Inc.  
Newsbytes

September 28, 2001, Friday

LENGTH: 765 words

HEADLINE: Microsoft, Government Ordered Into Settlement Talks - Update

BYLINE: Brian Krebs;Newsbytes

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

BODY:
...Microsoft's illegal conduct.
Justice Department antitrust chief Charles James said he and the states were pleased with the judge's decision to move expeditiously, and that he hoped the settlement talks would be successful.
"If they're not, we look forward to proceedings in March," James said. "We've always been supportive of resolving this case on terms that would be good for the public, and we will do so in good faith."
Microsoft had no immediate comment on the hearing.
Bob Lande, a law professor with the University of Baltimore, called today's proceeding a victory for the government.
"The government got most everything it wanted, and Microsoft lost its attempt to complicate and delay case," he said.
Lande added that he's not optimistic about the chances of both sides  reaching a settlement.
"They've tried so many times in the past and failed that I've lost all  optimism," Lande said. ...

PERSON: 
COLLEEN KOLLAR-KOTELLY (78%); BOB LANDE (55%); 

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

September 25, 2001 Tuesday

SECTION: RULES OF THE ROAD

LENGTH: 1060 words

HEADLINE: High court hijinks

BYLINE: by Jaret Seiberg and Shanon D. Murray

BODY:
...appeal of a monopoly verdict by district court judge Thomas Penfield Jackson against the Redmond, Wash., software giant.
Legal experts do not expect the top court to take up the 1999 decision because it centers on the question of whether he acted ethically, not whether the antitrust laws were properly applied.
"The Supreme Court worries about high policy matter, not messy factual matters like this," said Robert Lande, a University of Baltimore law school professor who has followed the litigation for several years.

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

September 21, 2001, Friday

SECTION: All Editions; Pg. 058

LENGTH: 444 words

HEADLINE: MICROSOFT, JUSTICE STILL AT ODDS OVER NEW TRIAL'S SCOPE

BYLINE: JOSEPH GALLIVAN

BODY:
The government said it wasn't the remedy hearing to begin by Feb. 4, 2002. Microsoft wants a later, unspecified date, saying it can't schedule discovery and other procedures until the court knows what sort of relief can be considered. Bob Lande, a University of Baltimore law professor, said, "They're playing their roles. As expected, Microsoft is trying to delay and complicate matters, and the DOJ is trying to speed them along."
Lande pointed out that the February date for a remedy hearing looked a little far off. Yesterday's joint status report was delayed twice due to last week's tragic attacks in New York and Washington, and this may have extended the ...

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Copyright 2001 The Chronicle Publishing Co.  
The San Francisco Chronicle

SEPTEMBER 21, 2001, FRIDAY, FINAL EDITION

SECTION: BUSINESS; Pg. B3

LENGTH: 684 words

HEADLINE: Feb. 4 Microsoft hearing sought;

Private settlement talks go on

SOURCE: Chronicle Staff Writer

BYLINE: Kelly Zito

BODY:
...releases Windows XP, the latest iteration of the operating system that controls more than 90 percent of the world's personal computers. Some state attorneys general, who also are suing the software company, have voiced concern that XP -- due out Oct. 25 -- may violate antitrust laws and suggested they may seek changes to the program.
 "There's no question now that XP will go off as planned," said University of Baltimore professor Bob Lande.

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Copyright 2001 Gannett Company, Inc.  
USA TODAY

September 21, 2001, Friday, FINAL EDITION

SECTION: MONEY; Pg. 3B

LENGTH: 525 words

HEADLINE: Microsoft, Justice remain far apart in penalty views

BYLINE: Paul Davidson

BODY:
...new restrictions are proposed, Microsoft says it would need much more time to gather evidence and interview witnesses.
Under Microsoft's proposal, prosecutors say, the hearing would last "well into 2002, or substantially later." They say that helps Microsoft, which can, in the meantime, still use "all the tools condemned" by the courts to hobble rivals.
"I see this just as a pure delaying tactic by Microsoft," says Bob Lande of the University of Baltimore Law School.
He adds, "This does not bode well for settlement. These guys can't agree on very much at all." In the filing, the two sides say settlement talks are "ongoing." But people close to the case say the talks have not been substantive.
Early this month, the Justice Department and 18 states dropped a proposal to split Microsoft into two companies and a claim that it illegally ...

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

September 20, 2001 Thursday

SECTION: M AND A

LENGTH: 1322 words

HEADLINE: DOJ, Microsoft clash on terms for antitrust hearing

BYLINE: by Jaret Seiberg in Washington

BODY:
...government opposed.
"The parties believe that further alternative dispute resolution procedures would be unproductive at this time," the sides wrote in the 40-page joint filing. "They will continue to seek settlement of this matter through private discussions, which are ongoing and should continue simultaneously with proceedings addressed to remedy."
Both sides will get a chance to press their positions Sept. 28, when the judge holds a status conference on the case.
Robert Lande, a professor at the University of Baltimore law school who has followed the case closely, said the filing reinforces his view that settlement is unlikely. "It doesn't look like people are about to settle," Lande said. "The judge is going to have to order something."
Under the Justice Department plan, both parties would submit their proposed remedies within 30 days of the entry of a scheduling order or Nov. 9, whichever is later. ...

PERSON: 
ROBERT LANDE (55%);