[Excerpt] "Microsoft Corporation, the world’s largest software company,1 has been facing antitrust scrutiny globally. In the U.S., after what’s been called the antitrust trial of the century,2 a consent decree was reached between Microsoft, the United States government,3 and several states,4 that closely resembled the litigated remedy that the remaining states received. Only Massachusetts appealed the litigated remedy, which was approved by the appeals court on June 30, 2004.5 In the United States, Microsoft was required to hide, but not remove, the Internet Explorer browser on the Windows Operating System.6 While antitrust litigation was ongoing in the United States against Microsoft, the European Union (“E.U.”) was also investigating Microsoft under E.U. antitrust law.7 In March, 2004, after a five year investigation, the European Union Commission fined Microsoft 497 million euros, required Microsoft to offer the Windows operating system without Windows Media Player, and required Microsoft to disclose interfaces to competitors. 8 On December 22, 2004, the E.U.’s Court of First Instance denied Microsoft’s request for a stay of this order, and ordered Microsoft to comply; 9 the full appeal is pending at the time of this publication. This article will examine, compare, and contrast the protracted antitrust litigation that Microsoft has faced in the U.S. and the E.U. This article will then examine what further antitrust problems Microsoft may be facing."
Sue Ann Mota, Hide It or Unbundle It: A Comparison of the Antitrust Investigations Against Microsoft in the U.S. and the E.U., 3 PIERCE L. REV. 183 (2005). Available at http://scholars.unh.edu/unh_lr/vol3/iss2/5