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EC Holds Hearing On Alleged Microsoft Antitrust Violations
Earlier this month, Microsoft defended its right to innovate during a closed-door hearing before competition regulators of the European Commission. In addition, earlier this month, the U.S. Court of Appeals heard oral arguments in the appeal filed by Massachusetts, the only state that is opposing the settlement terms reached by Microsoft, the U.S. Department of Justice and 19 other state plaintiffs. In the last few weeks, we've also seen a flurry of legislative debate on policy issues that affect consumers, technology and the economy.
Microsoft Seeks Resolution at European Commission Antitrust Hearings
On November 12-14, the European Commission held a three-day closed-door hearing into the Commission's five year investigation into alleged antitrust violations by Microsoft. The EC contends that Microsoft is limiting competition in the market for server and media player software. While Microsoft faces strong competition in both of these markets, the EC is still considering imposing strict regulations on how Microsoft designs software. The press and public were not permitted into the hearing. Outside the hearing, Microsoft general counsel Brad Smith outlined Microsoft's goals, saying, "We came to Brussels not only to discuss the issues, but to work things out...to explore every possible way to come to solutions." The Commission is expected to issue a ruling early next year. Jonathan Zuck, president of the Association for Competitive Technology, offered his views on the EC case to Eupolitix.com.
Read the interview at http://www.eupolitix.com/EN/Interviews/51bb491d-a0b6-446e-bea2-825718b2deac.htm
Microsoft and U.S. DOJ Voice Continuing Support for Settlement in Appeals Court Hearing
On November 4, a six-judge panel of the U.S. Court of Appeals held a three-hour hearing to consider Massachusetts' arguments in opposition to the settlement reached in the Microsoft antitrust case. Massachusetts is the sole remaining state still pursuing antitrust litigation. Deborah Majoras, a deputy assistant attorney general for the U.S. DOJ, explained to the court that the settlement provided "prompt, certain and effective relief." The judges also considered a separate appeal made by two organizations representing Microsoft's rivals, who continue to seek sanctions against Microsoft that would stifle innovation and could harm consumers. A ruling on the appeals is expected next year.
Class Action Fairness Act Fails to Clear Senate
A thanks goes out to all the FIN members who communicated with their U.S. Senators to voice their support for the Class Action Fairness Act of 2003 (S.1751). Unfortunately, backers in the Senate fell short by just a single vote to end debate and win passage of this bill. The legislation would have benefited both consumers and businesses by fixing imbalances in our nation's class action system, adding consumer protections and lowering litigation costs. Look for policy-makers to revisit this issue in the future.
Senate Considering Permanent Ban on Internet Access Taxes
In mid-September, the U.S. House of Representatives voted to permanently ban taxes on Internet access and traffic. In addition, the Internet Tax Nondiscrimination Act would remove a grandfather provision that previously allowed several states to impose an Internet access tax. Before the new tax moratorium takes effect, the Senate must take action and reconcile its bill with the House. The moratorium on Internet access and traffic taxes expired on November 1 of this year, but for now action has stalled in the Senate. Stay tuned for more news about this issue.
Your Voice is Important
Elected officials at all levels of government rely on the input of their constituents. Communicating with your elected officials is easy when you visit http://www.freetoinnovate.com/. You can identify your legislators and other elected officials and let them know how your feel about critical issues affecting technology.
And remember to visit the new-look FIN Web site at www.microsoft.com/freedomtoinnovate to keep up on policy issues and Microsoft news.
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