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Lobbying Could Cause Legal Trouble for Microsoft

Rob Isn't Weird writes "In the wake of the exposure of Microsoft's attempt to buy Sweden's vote on OOXML and Sweden's annulment of that vote due to irregularities, IBM's Rob Weir points out that the fiasco could cause anti-trust worries for Microsoft. He quotes ALLIED TUBE & CONDUIT CORP. v. INDIAN HEAD, INC., 486 U.S. 492 (1988), which says 'What petitioner may not do (without exposing itself to possible antitrust liability for direct injuries) is bias the process by, as in this case, stacking the private standard-setting body with decision makers sharing their economic interest in restraining competition.'"

2 of 138 comments (clear)

  1. It's an *IBM* guy saying this... by Anonymous Coward · · Score: 5, Interesting

    Foreign Corrupt Practices Act is one example where overseas actions can be prosecuted inside the USA. IANAL, so I'm not going to claim that it does apply to Microsoft, especially when I think it's a criminal statute that would have to be prosecuted by the DoJ. I don't even know if there's any civil right of action in there. If there are any lawyers out there, feel free to chime in.

    Now then, did you note that this was an IBM guy saying this? Given that Rob's blog covers approximately two things--brewing and OOXML--I'd have to say that he learned about this law from the Nazgul (IBM lawyers, for you young'uns) because I don't think Rob is a lawyer, either. And I don't think normal people go around reading and quoting 20 year old anti-trust cases for fun.

    So if IBM is examining something like that, especially when we have Microsoft doing other things like funding SCO, I'd say to stay tuned, because we just might see fireworks in the future. It wouldn't be the first anti-trust action against Microsoft by any means. Mind you, this is 100% speculation, but what do you expect on Slashdot?

  2. Re:Isn't it a bit presumptuous... by vidarh · · Score: 5, Insightful
    It's not a "swedish case". Its about how a US corporation or its subsidiaries behavior in Sweden might make it liable under US anti-trust laws in the US because the actions in Sweden might be aimed at affecting the competitive landscape in the US to.

    It's clearly for US courts to decide if a US corporation affects the US competitive landscape.