Microsoft's Decade-long Antitrust Litigation Concludes (Main Justice and The American Lawyer)

April 5, 2010

Last week, a Main Justice article highlighted S&C's role representing Microsoft Corporation in a decade-long string of antitrust lawsuits, when the final pending suit against the company was dismissed. The last pending lawsuit alleged that in the period from 1994 to 1996, Microsoft engaged in anticompetitive conduct that injured WordPerfect, Novell's word processing software; and Quattro Pro, Novell's spreadsheet software. The case was dismissed on the grounds that Novell had sold all claims related to the software when it sold the software to Caldera, Inc. in 1996. The American Lawyer also reported on the case, noting that although it complains of events in the mid-1990s, it was not filed until 2004.

Mr. Tulchin and Mr. Holley each have represented Microsoft for more than a decade in various cases. The Main Justice article named Mr. Tulchin “Microsoft's general in the battle,” noting his participation in “a half-dozen arguments in the 4th Circuit Court of Appeals, another half dozen in state supreme courts, two state court trials, visits to 40 states and a goldmine of unused frequent flier miles.” “It has been a long time,” Mr. Tulchin said. “Sometimes the legal system moves a little more slowly than we would like, but all things good and bad must come to an end, and it's time for this to be over.” The American Lawyer noted that Mr. Tulchin worked on approximately 200 private antitrust actions since the original antitrust prosecution brought by the U.S. government in the 1990s.

Mr. Holley has represented Microsoft since 1992 in the series of government enforcement actions in the United States and other countries, as well as private antitrust litigation brought by competitors and consumers of various Microsoft products. He made the winning oral argument in the Novell case, and was on the trial team in United States v. Microsoft and argued portions of the appeals to the D.C. Circuit Court of Appeals.