[Am-info] Microsoft didn't disclose some contacts witn Congrerss

[Gene Gaines]

See:
http://seattletimes.nwsource.com/html/microsoft/134389674_microsoft11.html


Microsoft didn't disclose some contacts

By D. Ian Hopper
The Associated Press

WASHINGTON — Microsoft communicated with members of Congress and their aides
about its antitrust case and did not disclose the contacts to the trial judge
who requested information about the company's lobbying in the case.

Microsoft said this week that it had decided to disclose only contacts with
executive-branch officials in the required court filings, following the example of
AT&T when it settled its landmark antitrust case in the 1980s.

Microsoft reported to the court that its lone contacts with federal employees
included Justice Department lawyers and two federal mediators hired to help
assist settlement talks.

Legal experts, however, questioned whether the omission of congressional
contacts violated federal law.

"If you specifically talk about the proposed settlement, that would seem to fall
under the requirements of the plain language of the statute," said lawyer Dana
Hayter with the firm of Howard Rice in San Francisco.

Both Microsoft and a congressional aide who witnessed the contacts
acknowledge Microsoft officials briefed Senate Judiciary Committee aides on the
settlement just before a December congressional hearing on the case.

The Tunney Act requires defendants in antitrust cases such as Microsoft's to
disclose "any and all written or oral communications" with "any officer or
employee of the United States" related to the settlement.

...

Several aides of lawmakers acknowledged discussing the settlement
negotiations with Microsoft representatives.

An aide to Rep. Jennifer Dunn, R-Wash., talked with Microsoft officials in
September, as settlement discussions renewed.

During the same month, Dunn organized more than 100 lawmakers to sign a
letter to the Justice Department and Microsoft Chief Executive Officer Steve
Ballmer urging a settlement.

The lawmaker's staff called company executives for advice about appearing on a
television show focusing on the case.

"We just had to call Microsoft so we could understand better what the issue
was," spokeswoman Jen Burita said.'



That last several paragraphs is worth reading a second time.

Gene Gaines
gene.gaines@gainesgroup.com
Sterling, Virginia