WASHINGTON: The state attorneys general behind the Microsoft Corp. antitrust
case say they may cite Windows XP as further evidence of the company's predatory
behavior in any further proceedings in the case.
Iowa Attorney General Tom Miller, an outspoken critic of Microsoft, said the
firm's decision to tie new software features into the Windows XP operating
system and use it to promote Internet subscription services has raised concerns
among the 19 state attorneys general who are party to the case.
In a joint statement dated Wednesday with Connecticut Attorney General
Richard Blumenthal, Miller termed Microsoft's Windows XP strategy as "very
troubling." "We're concerned that Microsoft may be doing some of the
same things they did before," Miller said. "Our concern is history
repeating itself with even more at stake - with the Internet at stake."
Miller, who was attending a meeting with other state attorneys general in
Vermont, said Microsoft's addition of new features to Windows XP is reminiscent
of the integration of its Internet Explorer browser into Windows 98. That move
was seen by the government as an attempt to crush competition, provoking the US
Justice Department and the attorneys general to file their sweeping antitrust
case against Microsoft in 1998.
The case is currently before a panel of the US Appeals Court in Washington,
DC. The appeals court is expected to strike down at least part of a harsh,
lower-court ruling that called for a Microsoft break-up to prevent further
antitrust violations. Antitrust experts believe the court probably will send the
remainder of the case back to a lower court judge and order hearings to
determine another remedy in the case.
If the court upholds part of the case, Miller said the Windows XP complaints
would be useful: "Then all this would be relevant in a remedy
(hearing)." The new complaints are being promoted by a group of Microsoft's
competitors, including Sun Microsystems Inc. However, it's unclear whether
antitrust officials in the new Bush administration will pursue the case as
aggressively, like those under former President Bill Clinton.
Antitrust experts believe Bush may be more open to settling with the company.
They say the states would find it difficult to pursue a new case against
Microsoft without the support of the Justice Department. Miller said the
attorneys general have no current plans to file a separate antitrust case based
on the Windows XP concerns.
"We're not saying we would never sue them, but we're saying presently
we're not considering a lawsuit," Miller said. Microsoft spokesman Jim
Cullinan said it was premature to discuss future developments in the case before
the appeals court issues its ruling.
But Cullinan defended the company's decision to add new features to Windows
XP. He reiterated the company's long-held view that such additions benefit
consumers and do not harm competition. "No third party is prevented from
running their applications on top of Windows," Cullinan said. "It's up
to the consumers to decide what they want to do with their PC."
(C) Reuters Limited 2001.