The Fourth Circuit today upheld denial of part of Microsoft’s motion to dismiss an antitrust complaint by Novell.  The complaint alleged that Microsoft harmed competition not only in the market for personal computer operating systems but also in the market for applications software.  The district court concluded, and the Fourth Circuit agreed, that Novell had standing to assert harm in the operating systems market but that it waited too long to assert the other claims.  Novell, Inc. v. Microsoft Corp., Nos. 06-1134 & 06-1238 (4th Cir. Oct. 15, 2007).

Barry Barnett

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