New allies argue for DOJ to lay off Microsoft

By Ed Oswald | Published November 30, 2007, 4:04 PM

Microsoft has found allies willing to argue against further antitrust oversight, though these new allies have attracted their own share of scrutiny.

Financial transaction processing giant Visa and paper products producer Weyerhaeuser filed amicus briefs on behalf of Microsoft earlier this month, asking a federal court to allow the US Justice Dept.'s oversight period over Microsoft's business activities to lapse.

Extending the oversight period without "sufficient cause," the companies argued, could serve as a basis for future companies to use the judgment as a way to prolong antitrust cases in the future.

Several states including California and New York have asked a federal court to extend the US Justice Dept.'s oversight period over Microsoft through 2012, as they feel Microsoft has not made sufficient progress in addressing some of its antitrust issues.

Visa has had some history with antitrust concerns -- and litigation -- through its dealings and arrangements with MasterCard. On the other hand, Weyerhaeuser is the of the largest pulp and paper companies in the world and is also familiar with the antitrust spotlight.

US District Judge Colleen Kollar-Kotelly has temporarily extended oversight past the original early November deadline until January, so that she could hear further arguments on the matter. Kollar-Kotelly has not yet ruled whether she would consider Visa or Weyerhaeuser's arguments.

The two company's lawyers say that they have no direct interest in Microsoft itself. However, they do have an interest in the judge's final ruling as it could end up eventually affecting their own businesses.

They argue that once a judgment has been reached and a deadline set, you cannot extend it without sufficient evidence to support the claims. The two companies argue that the states lack that in their request for an extension.

Experts aren't sure that extending the antitrust oversight of Microsoft would have much effect on the outcomes of future litigation on the subject. University of San Diego law professor David McGowan told MarketWatch Thursday that few companies have the control over their sectors like Microsoft has on the PC market.

"I don't know how many companies are going to be in the position Microsoft is in," he said.

View comments by with a score of at least

Microsoft's Bob Muglia and Ray Ozzie on Silverlight vs. standards

Bob Muglia: "We're trying to provide people with an environment that has capabilities that you just simply can't do today in the standards-based world."

Uh-oh, netbooks -- not Windows 7 -- will lift 2009 PC sales

Santa may bring a lump of coal to the Windows PC industry this holiday season. Netbook sales will sap PC margins, while weak Windows 7 PC sales could further drive down average selling prices.

Google's value proposition for Chrome OS: Should we feel insulted?

For a search engine that has direct access to all the world's online history, it appears to have taught Google nothing about selling a machine.

PDC 2009: What have we learned this week?

There was the freebie that no one will forget, the heebie-jeebies courtesy of Scott Guthrie, and a teensy bit clearer picture of how this cloud thingie should work.

Where there's smoke: Apple warranty stance raises troubling questions

Carmi Levy | Wide Angle Zoom: Smoking can be dangerous not only for your lungs, it appears, but for your Apple hardware warranty.

Microsoft's .NET Micro Framework is now free and open source

The latest version of Microsoft's .NET Micro framework is now in the hands of the FOSS community.

E-book readers will be in short supply this holiday season

E-readers are hot this year, and a lot of compelling new products have been released, but are there enough electrophoretic displays to go around?

Sony looks to finally open a single storefront for downloads

Sony has had many different download portals for movies, music, e-books, and games, and now it's looking to make a single shop for all of it.

Tuning out the tablet: Time to give the endless speculation a rest

Wide Angle Zoom: Wishing and hoping and thinking and praying....won't put an iTablet on the market.

Five improvements for IT managers in 2010

If businesses are to improve their efficiency for next year, they need to stop and reassess the basic tenets of their job.

Live report: Will Google Chrome OS change Linux?

The mysteries of just what Chrome OS is, and how much of an operating system it truly is, may be resolved today.