Language Selection

English French German Italian Portuguese Spanish

New judge named in Microsoft, EU case

Filed under
Microsoft

Microsoft's appeal against a European Union antitrust order will be heard by Bo Vesterdorf, the judge who rejected the company's attempt in December to suspend the decision.

The European Court of First Instance in Luxembourg said yesterday that it told Microsoft and regulators that the case had been moved to the Grand Chamber, which is led by Vesterdorf. The case had originally been assigned to a five-judge panel led by Hubert Legal.

"Microsoft will be delighted with this," Ronald Cass, president of the legal consulting firm Cass & Associates and a consultant to Microsoft, said in an interview in Monaco. "The prior chamber was more skeptical about Microsoft's position.
Vesterdorf is a very open and thoughtful fellow, and that's all Microsoft can ask for."

But Thomas Vinje, a Brussels, Belgium, attorney who represents Microsoft competitors involved in the case, said the change is neutral.

"I do not believe it is likely to have any significant effect in either direction, but in any event I do not believe it is likely to enhance Microsoft's chances of success," he said.

The Redmond company, whose software runs more than 90 percent of the world's personal computers, was ordered by the European Commission in March 2004 to license information about the inner workings of its Windows operating system to competitors. The company said the EU decision would cause "irreparable harm" to its business.

The commission, the EU's antitrust regulator, fined Microsoft a record $593 million as part of its March 2004 decision.

"We look forward to presenting our case," said Tom Brookes, a Microsoft spokesman. Commission spokesman Jonathan Todd declined to comment.

Legal, who was the reporting judge for the case, has been replaced in that role by Irish Judge John Cooke, the court said.

Cass said Vesterdorf took the unusual step of taking over the case because of Legal's controversial comments in an editorial published in the French legal magazine Concurrences. Legal called clerks at the court "ayatollahs of the free market."

"Judge Legal compromised himself by making those comments," Cass said.

In Microsoft's U.S. antitrust case, a U.S. appeals court overturned former Judge Thomas Jackson's order to break up the software giant and disqualified him from overseeing further proceedings in the case because he had granted interviews to reporters during the trial.

The EU court's Grand Chamber last assembled to hear arguments on whether World Trade Organization rulings are binding in EU member states.

In the past two years, rulings by Vesterdorf and other judges have highlighted the Court of First Instance's growing role as a check on the commission's power, overturning three antitrust decisions.

Source.

re: You know...

Good point! But few rarely are I'd bet.

----
You talk the talk, but do you waddle the waddle?

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

More in Tux Machines

Linux Kernel News

  • Linux Kernels 4.9.13 and 4.4.52 LTS Bring Updated USB Drivers, Networking Fixes
  • Linux Kernel 4.10 Gets Its First Point Release, It's Now Ready for Deployment
    Well, that didn't take long, and it looks like the recently released Linux 4.10 kernel series just got its first point release today, Linux kernel 4.10.1, marking the branch as stable and ready for deployment in stable OSes. Linux kernel 4.10.1 comes only one week after the release of Linux 4.10, which is now considered the most stable and advanced kernel available for any GNU/Linux distribution that wants to adopt it for their users, so you can imagine that the changes are quite small in number. According to the appended shortlog, a total of 21 files were changed in this first point release, with 259 insertions and 52 deletions.
  • GNU Linux-libre 4.10-gnu is now available
  • GNU Linux-Libre 4.10: GPU Drivers Remain The Most Frequent Offenders
    The GNU Linux-libre 4.10 kernel was released last weekend just after the official Linux 4.10 kernel release while I hadn't noticed the de-blobbed kernel release until today. The Linux-libre folks continue to criticize the open-source GPU DRM drivers as being offenders for using binary blob firmware/microcode. GNU Linux-libre for those that don't know is the FSFLA effort to de-blob the mainline Linux kernel by removing support for loading binary-only modules as well as stripping out drivers or portions of driver code that rely upon closed-source/binary-only firmware/microcode images, which is quite common among newer hardware.
  • AMD's Ryzen Will Really Like A Newer Linux Kernel

Today in Techrights

FreeBSD-Based TrueOS Operating System Gets New Jail Tools, Automounting Feature

The developers of the FreeBSD-based TrueOS operating system (formerly PC-BSD) announced the release and general availability of a new stable build versioned 2017-02-22. Read more

Calamares 3.1 Distribution-Independent Linux Installer Officially Released

The Calamares open-source universal installer framework for Linux-based operating systems has been updated recently to version 3.1, a major release the users of the KaOS GNU/Linux distribution can already enjoy if they download the latest ISO snapshot. Read more