Microsoft-Novell Case May Not Be Ready For Cert

Law360, New York (March 4, 2008, 12:00 AM EST) -- Microsoft Corp. may face an uphill battle to get the U.S. Supreme Court to consider an appellate decision that Novell Inc. has standing to pursue its claims that Microsoft restrained competition in the PC operating systems market even though Novell did not directly participate in that market.

Confusion remains over whether a plaintiff can suffer injury under antitrust law if it is neither a consumer nor a competitor in the allegedly restrained market, but antitrust experts said Microsoft’s petition for writ of certiorari is a tad...
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