To: Brian Malloy who wrote (4035 ) 11/14/1997 7:58:00 PM From: Ibexx Read Replies (2) | Respond to of 74651
Brian and thread, The following is from Bloomberg Business News: _______ BN 11/14 U.S. Antitrust Laws Can't Prosecute Microsoft, Panelists Say Washington, Nov. 14 (Bloomberg) -- Current U.S. laws don't have enough clout to successfully prosecute Microsoft Corp. on antitrust violations, speakers said at a conference focusing on the company's business practices.At the second day of a conference sponsored by consumer advocate Ralph Nader, a panel of antitrust experts said U.S. antitrust laws don't go far enough to address a company's use of a legal monopoly to gain an unfair advantage over its competitors. Microsoft was accused of doing just that last month, when the Justice Department charged the software maker with violating a 1995 antitrust settlement by forcing computer manufacturers to install its Internet Explorer browser software if they wanted access to the dominant Windows 95 operating system. ''The United States does not have the weapons it needs,'' said Lloyd Constantine, an antitrust lawyer with Constantine and Partners. ''It marches into this battle with a gun virtually empty,'' he said, adding that appointments and merger decisions during the Clinton, Bush and Reagan administrations have weakened antitrust laws.'' He called on Congress to amend the Sherman Antitrust Act to include monopoly leveraging by companies, such as Microsoft, that dominate their industries. Samuel Goodhope of the Texas attorney general's office said that even if it can be proved that Microsoft practiced in an anti- competitive manner, it will be difficult to determine remedies and damages. Last week, Texas sued Microsoft, accusing it of impeding a state investigation into possible antitrust violations. The state challenged Microsoft's practice of requiring all companies it does business with to sign agreements stating they will notify Microsoft before providing information to investigators. ''Assuming we come up with an anti-competitive theory,'' Goodhope said, ''there's a second issue . . . who was hurt? What sort of models do you use to figure that out?'' For now, said former Federal Trade Commissioner Christine Varney, companies must come forward with evidence of consent decree violations and not worry about what clout U.S. laws will have on a more widespread antitrust violation charges yet. ''What the Justice Department has done is launched an action alleging that Microsoft is violating the 1995 consent decree,'' said Varney, who now represents Netscape Communications Inc., a competitor of Microsoft's. ''That is a legitimate investigation. . . . If you have evidence, come forward. The larger antitrust case will come later.'' --Tara Copp in the Washington newsroom (202) 624-1820/cah ____ Ibexx