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AOL Files Private Suit against Microsoft
AOL Time Warner, through its subsidiary, Netscape Communications Corporation, filed suit Tuesday against Microsoft for alleged anticompetitive conduct regarding its browser, charging that Microsoft's Internet Explorer illegally harmed Netscape's Navigator browser.
Microsoft has not completed a review of the lawsuit, and therefore cannot comment on specific allegations at this time. We can note, however, that AOL purchased Netscape for $10 billion dollars in the midst of the DoJ trial, even after hearing concrete evidence that IE's success in the market was based on merit, not market share. This latest legal move appears to be an attempt by AOL to once again retreat from the rigors of competition to the safer confines of the courtroom, where the company is clearly more comfortable.
Microsoft is disappointed, though not surprised, that AOL has again chosen litigation. Microsoft has tried consistently to work more closely with AOL in a variety of areas, including improvement of instant messaging interoperability, getting fair and open access to AOL's dominant cable assets and partnering on technology standards that are key to developing future innovative technologies.
AOL has repeatedly rebuffed Microsoft's efforts, to the detriment of consumers and the technology industry, and has turned to politics and litigation instead. But more litigation is the last thing consumers and the industry need. AOL and Microsoft need to focus on market competition and technical cooperation that will make consumers' computing experience easier, not spend further time and resources in the nation's courtrooms.
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Tunney Review Period Closes Monday
Equally disturbing is the timing of AOL's lawsuit, which seems calculated to undermine the settlement achieved between Microsoft, the Department of Justice and a bipartisan group of State Attorneys General in the original antitrust case. The settlement process is currently in the Tunney Review phase, wherein the DoJ seeks comment on whether the settlement is indeed in the public interest before submitting its final report and recommendation to the court.
Your voice has made a difference throughout this case, and you need to be heard now more than ever. Please send your comments directly to the Department of Justice via email or fax before the Tunney Review closes on Monday, January 28th. Here's how:
Email: microsoft.atr@usdoj.gov. In the Subject line of the e-mail, type Microsoft Settlement.
Or Fax: 1-202-307-1454 or 1-202-616-9937
To find out more about the settlement and the Tunney Act review period, go to the Department of Justice Website at: http://www.usdoj.gov/atr/cases/ms-settle.htm.
Stay up to date on this development, here at the Freedom to Innovate Website.
It is critical that the government hear directly from consumers and those in the industry. Please take action today to ensure your voice is heard.
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