MS/DOJ: Massachusetts appeals remedy ruling

The US state of Massachusetts has filed an appeal of US District Court Judge Colleen Kollar-Kotelly's recent Microsoft antitrust settlement ruling, a case it expects to pursue alone as the other non-settling states accept Kollar-Kotelly's remedy and focus on enforcement, state Attorney General Tom Reilly said during a press conference.

"After a complete remedies trial, we were disappointed when the district court did little more than accept Microsoft's loophole-filled deal," Reilly said. "Microsoft has been found to have repeatedly violated the antitrust laws of this state and this country. We believe a remedy must send a message that breaking the law will not pay. Otherwise, it sends a dangerous message about what is acceptable behaviour."

West Virginia may yet join Massachusetts in appealing the remedy, according to Iowa Attorney General Tom Miller. He issued a statement on Friday confirming that seven states, including his, and the District of Columbia will not appeal the decision. West Virginia will make its decision by Monday, he said.

Monday is the deadline for the states to appeal.

Jim Desler, a Microsoft spokesman, said Massachusetts' actions would not affect the company's plans moving forward.

"Regardless of today's decisions by the states our focus remains on complying fully with the court's judgement," Desler said. "I would not characterise (Microsoft) as being surprised or disappointed."

California, Connecticut, Florida, Iowa, Kansas, Massachusetts, Minnesota, Utah, West Virginia and the District of Columbia were the parties that declined to sign off on the Federal Government's initial proposed settlement with Microsoft. By continuing to pursue the case, the states won important concessions that strengthened enforcement provisions, Iowa's Miller said on Friday.

California Attorney General Bill Lockyer also weighed in last Friday, saying that the antitrust case has spotlighted Microsoft's illegal behaviour.

"While not completely satisfying, the court decree closed enforcement loopholes, keeps compliance with the remedies squarely before the court and allows us to now turn attention to making sure that Microsoft competes fairly in the marketplace," he said in a prepared statement.

Because Microsoft was judged guilty of antitrust violations, the states are entitled to recoup their expenses for the case, which total US$25 million in attorney fees and litigation costs, Miller said. Microsoft will also pay the states an additional $3.6 million to be used for funding enforcement efforts, he said.

Massachusetts' Reilly said he is not worried about continuing the case without the participation of the other states.

"We are prepared to go it alone," he said. "We always expected one way or another this would be resolved at the appellate level, and that's where it's going."

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Stacy Cowley

IDG News Service
Show Comments

Cool Tech

Breitling Superocean Heritage Chronographe 44

Learn more >

SanDisk MicroSDXC™ for Nintendo® Switch™

Learn more >

Toys for Boys

Family Friendly

Panasonic 4K UHD Blu-Ray Player and Full HD Recorder with Netflix - UBT1GL-K

Learn more >

Stocking Stuffer

Razer DeathAdder Expert Ergonomic Gaming Mouse

Learn more >

Christmas Gift Guide

Click for more ›

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?