[Am-info] Kollar-Kotelly May 'Haunt' Microsoft For Years

[Gene Gaines]

http://computerworld.com/governmenttopics/government/legalissues/story/0,10801,71496,00.html

Judge May 'Haunt' Microsoft For Years as Remedy Enforcer

By PATRICK THIBODEAU
MAY 27, 2002
WASHINGTON

Judge Colleen Kollar-Kotelly may well become a legal
specter in Microsoft Corp.'s future.

As with the judge who oversaw the breakup of AT&T Corp. in 1984,
Kollar-Kotelly, who is overseeing the remedy hearing of the
antitrust case, may see a steady stream of legal issues,
complaints from Microsoft's competitors or requests for changes
from the software giant arising from whatever remedy she
eventually imposes. And if Microsoft fails to comply, in her
words, she will "haunt" the company.

In the years following AT&T's breakup, Judge Harold Green made
numerous legal decisions, particularly as the new Baby Bells
sought waivers from various legal requirements. The unhappy Baby
Bells painted him as de facto government regulator.

"The main lesson learned is even a decree that requires
significant judicial involvement can be made to work," said
Michael McNeely, a former U.S. Department of Justice attorney who
worked on the AT&T case.

"For all the grousing along the way, to me it seemed pretty clear
that the breakup of the Bell system . . . has been to the benefit
of consumers," said McNeely, now an attorney at Palo Alto,
Calif.-based Gray Cary Ware & Freidenrich.

Compliance Issues

In final arguments, Kollar-Kotelly heard from both sides about how
they think the remedy should be enforced. She used that hearing as
an opportunity to tell Microsoft what kind of enforcer she will
be.

After a Microsoft attorney insisted that the company would
faithfully comply with any order, the judge said there would be no
other alternative but compliance.

"I would expect that that's going to be the case," said
Kollar-Kotelly, "because these are the kinds of things that come
back to haunt you if it turns out you don't, because I will have a
memory for all of these statements."



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