A U.S. Court of Appeal dismisses claims of monopolization against leading software company based on an alleged refusal to deal (Microsoft)

In the antitrust equivalent of Jarndyce v Jarndyce from Charles Dickens’ Bleak House, the United States Court of Appeals for the Tenth Circuit dismissed Novell’s appeal of Novell of the District Court’s decision to enter judgment as a matter of law for the defendant in Novell’s long-standing case against Microsoft Corporation. The opening paragraph of the appellate court’s opinion nicely characterized the setting: A straggler of a case, this one drags us back twenty years. To a time before the dot-com boom busted and boomed again, a time when Microsoft was busy amassing a virtual empire — if sometimes in violation of the antitrust laws. Long since found liable for a rich diversity of antitrust misdeeds in the 1990s, this case calls on us to decide whether Microsoft back then committed

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  • Cornell University

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George Hay, A U.S. Court of Appeal dismisses claims of monopolization against leading software company based on an alleged refusal to deal (Microsoft), 23 September 2013, e-Competitions September 2013, Art. N° 61086

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