Kensington Antitrust Advisors Group

Judge Elizabeth Laporte, Northern District of California, dismissed Datel’s monopolization claim but allowed its other antitrust claims to proceed against Microsoft.  The monopolization claim was dismissed on standing grounds because Datel does not compete in the multiplayer gaming market and Microsoft’s monopolization of the market would help Datel.  Claims based on Microsoft’s update of the Xbox in a way that made Datel’s memory cards incompatible with the Xbox were permitted to go forward.  Microsoft had argued that the shrink wrap license with the Xbox prohibited the use of non-Microsoft products and software.  The court held that the terms of the license were sufficiently ambiguous to permit the case to proceed.