ACT to Take Part in Tunney Act Hearing

By Peter Galli  |  Posted 2002-03-06 Print this article Print

The Association for Competitive Technology may appear as a "friend of the court" and present 10 minutes of oral argument during the Tunney Act hearing in the antitrust case between Microsoft Corp. and the Department of Justice, Washington Dist

The Association for Competitive Technology may appear as a "friend of the court" and present 10 minutes of oral argument during the Tunney Act hearing in the antitrust case between Microsoft Corp. and the Department of Justice, Washington District Court Judge Colleen Kollar-Kotelly said in an order filed with the Court late Monday. In a separate order, she also ruled that ruled that Novell Inc. could file a 25-page memorandum to address the new issues raised by the United States submission of the Second Revised Proposed Final Judgment. Kollar-Kotelly will begin hearing arguments in the Tunney Act review Wednesday to determine whether the settlement is in the public interest.
Technology advocacy group ACT, of which Microsoft is a member and which also supports the Redmond, Wash., software makers legal position, argued that its participation is appropriate based on the logic that "if the Court is going to hear from those who would impose more onerous restrictions on Microsoft than those in the proposed consent decree, the Court should also hear from third-parties who believe that they will be harmed by those additional restrictions."
Kollar-Kotelly pointed out that ACTs reference to "more onerous restrictions" referred to the proposed remedy in the separate case between Microsoft and nine states and the District of Columbia, which have rejected the proposed final settlement between Microsoft and the Department of Justice. "In as much as ACTs comments and proposed participation focus upon the remedy proffered by the so-called Litigating States … ACTs focus is misplaced. The remedy proposed by the Litigating States is not before the Court in this case. Accordingly, reference to that proposed remedy has no place in these proceedings. … Notwithstanding ACTs somewhat misguided argument regarding the remedy proposed in a separate action, the Court will permit ACT, in the role of amicus curiae, to address the court for no more than ten minutes at the Tunney Act hearing, limited to the issue of the remedy proposed in this case," the Judge said in her order. The latest orders follow those allowing limited participation in the Tunney Act hearings by the Computer & Communications Industry Association, the American Antitrust Institute, the Project to Promote Competition & Innovation in the Digital Age, SBC Communications Inc., and the Software & Information Industry Association.
Peter Galli has been a financial/technology reporter for 12 years at leading publications in South Africa, the UK and the US. He has been Investment Editor of South Africa's Business Day Newspaper, the sister publication of the Financial Times of London.

He was also Group Financial Communications Manager for First National Bank, the second largest banking group in South Africa before moving on to become Executive News Editor of Business Report, the largest daily financial newspaper in South Africa, owned by the global Independent Newspapers group.

He was responsible for a national reporting team of 20 based in four bureaus. He also edited and contributed to its weekly technology page, and launched a financial and technology radio service supplying daily news bulletins to the national broadcaster, the South African Broadcasting Corporation, which were then distributed to some 50 radio stations across the country.

He was then transferred to San Francisco as Business Report's U.S. Correspondent to cover Silicon Valley, trade and finance between the US, Europe and emerging markets like South Africa. After serving that role for more than two years, he joined eWeek as a Senior Editor, covering software platforms in August 2000.

He has comprehensively covered Microsoft and its Windows and .Net platforms, as well as the many legal challenges it has faced. He has also focused on Sun Microsystems and its Solaris operating environment, Java and Unix offerings. He covers developments in the open source community, particularly around the Linux kernel and the effects it will have on the enterprise.

He has written extensively about new products for the Linux and Unix platforms, the development of open standards and critically looked at the potential Linux has to offer an alternative operating system and platform to Windows, .Net and Unix-based solutions like Solaris.

His interviews with senior industry executives include Microsoft CEO Steve Ballmer, Linus Torvalds, the original developer of the Linux operating system, Sun CEO Scot McNealy, and Bill Zeitler, a senior vice president at IBM.

For numerous examples of his writing you can search under his name at the eWEEK Website at


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