Another Strike For Microsoft EU Defense
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UPDATED: It's not the sort of send-off Microsoft was hoping for as it prepares to appeal its European antitrust decision.
The company said it will end attempts to gain EU information from U.S. companies, following a New York court's rejection of the its appeal to subpoena IBM.
New York judge Colleen McMahon called Microsoft's subpoena a "blatant end run" on EU authority, according to court papers obtained by internetnews.com.
Microsoft's request was deemed "both unnecessary and improper", as well as undermining laws discouraging countries involving themselves in foreign courts, according to the decision.
Instead, Microsoft is anticipating next week's EU appeal process.
"The writing is clearly on the wall for these actions, and we will not be pursuing them any further," said Stacy Drake, a Microsoft spokeswoman, in a statement to internetnews.com.
"In the last few weeks, we have received some clarity from the commission and the monitoring trustee that has been very helpful," said Drake.
Microsoft spokesman Jack Evans said in a statement that the company is looking forward to presenting its case to the Court of First Instance.
"It is in Microsoft's own interest to clarify these issues as soon as possible so as not to have any doubts about the legality of Vista hanging in the air," EU spokesperson Jonathan Todd told internetnews.com at the time.
While Wilcox isn't sure whether Vista will be pulled into the anticompetitive debate, the process may be different this time around.
Because of the mountain of evidence the EU has compiled in the original case, any challenge to Vista could be speedier, believes Wilcox.
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