Anti-trust lawsuit against Microsoft and Yahoo dismissed

Microsoft and Yahoo found themselves fighting on the same side for once in a court case against a bulk email company called Holomaxx. The emailer filed an anti-trust lawsuit against both companies, claiming that their anti-spam features kept Holomaxx from offering its "services" to the public. Geekwire.com reports that a federal judge in California wasn't buying Holomaxx's reasoning and threw out its lawsuit against Microsoft and Yahoo.

Holomaxx first filed its lawsuit back in October 2010. In Microsoft's defense, the company said it used its SmartScreen email spam filter technology to block Holomaxx's emails because it found them to be "harassing and objectionable". Holomaxx said that its emails were neither harassing nor objectionable and added that the amount of emails it sends out was too small, at least by normal industry standards, to be harassing. It claimed in its lawsuit that Microsoft " ... threatened and prevented fair and honest competition for internet advertising services by shutting Holomaxx out of the marketplace, thereby violating the spirit of antitrust law."

But U.S. District Judge Jeremy Fogel, in his ruling filed earlier this week, didn't see things Holomaxx's way. He stated that, "Holomaxx has not overcome Microsoft’s immunity from Holomaxx’s claims for computer fraud, intentional interference with contract, intentional interference with prospective business advantage, and wiretapping/eavesdropping." He added "...the fact that Holomaxx may have lost money as a result of vigorous competition, without more, is insufficient to show an antitrust violation or unfair competition." The same judge ruled in Yahoo's favor against Holomaxx in a similar case this week as well.

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