United States of America
Federal Trade Commission
Washington D.C. 20580
Division of Enforcement
Bureau of Consumer Protection
March 29, 2002
Charles E. Buffon, Esq.
Covington & Burling
1201 Pennsylvania Avenue NW
Washington, DC 20004
Re: Microsoft Corporation
FTC Docket No. C-4010
Dear Mr. Buffon:
The Division of Enforcement has reviewed your submissions dated July 20, 2001; and September 20, 2001; which you filed pursuant to Part VI of the above referenced order issued on May 15, 2001, to show the manner and form of Microsoft's compliance with the order.
As you know, the staff determined that certain advertisements attached as exhibits to the submissions fail to comply with the Commission's order. Therefore, the staff rejects the following compliance exhibits, as listed in the exhibit list for Microsoft's submission of July 20, 2001, for containing misrepresentations in violation of Part I of the order, and for failing to make clear and conspicuous disclosures in violation of Part II of the order:
Pocket PC Features section - Exhibits 3 through 7, 11, 13 through 15, and 18 Buyer's Guide section - Exhibits 18, 21, and 23 Wireless section - Exhibits 3 through 8
You have confirmed that Microsoft has stopped disseminating the exhibits listed above, or has revised them to be in compliance with the order. The staff has concluded, on the assumption that the information submitted is accurate and complete, that no compliance action is indicated at this time. We will not be precluded, however, from recommending to the Commission an appropriate action if the submitted information is inaccurate or incomplete or if Microsoft violates the terms of the order. The opinions expressed in this letter are those of the staff and not necessarily those of the Commission or of any Commissioner.
Sincerely,
Elaine D. Kolish
Associate Director