On Friday 15 February 2002 21:02, you wrote:
> As you may well be aware, the American courts have asked for comments on
> the proposed actions (well, inactions to be more precise) to be taken
> against MS. They may VERY interesting reading. I've only read a couple so
Here's one potential bombshell, by Tunney who's act it was, suggesting that
M$ and the DoJ have broken the terms of the act.
6. With respect to this provision of the Antitrust Procedures and Penalties
Act, it is clear that Congress intended that there show be full disclosure of
all communications by a defendant or on behalf defendant
7. In my opinion, it is essential that all discussions between the defendant
corporation and the government (with the specific exception noted in
paragraph 6, above) in an antitrust case that might have led to a proposal
settlement decree be disclosed. If a defendant corporation did not have to
disclose any contacts or communications with the government until such time
as there is an actual decree, the very purpose of the disclosure would be
defeated. The Tunney Act was never intended to allow for a situation where,
in theory, prolific lobbying could be conducted by the defendant prior to the
time the presiding judge has ordered settlement negotiations, without public
disclosure. If allowed, the Tunney Act would not have reformed the practices
utilized in settlement of the ITT case, which in significant fashion
demonstrated the need for the legislation in the first instance. The
disclosure provisions were designed to help ensure that no defendant can ever
achieve through political activities what it cannot obtain through the legal
process. Failure to comply with these provisions raises an inference or, at a
minimum, an appearance of impropriety.
Rob
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