The antitrust settlement between Microsoft and the Computer and Communications Industry Association (CCIA) announced earlier this month included a payment of $9.75 million to the CCIA's president.
Almost half of the $19.75 million total settlement went to Ed Black, the president and CEO of the industry organization since 1995, in a deal approved by the CCIA board, according to a report in the Financial Times.
A Microsoft spokesman declined to comment on the report. Black declined to comment on the matter when reached Wednesday.
On November 8, it was announced that soft had reached agreements with the CCIA and Novell, both of which had been major Microsoft opponents in a six-year anticompetition case before the European Union's (EU's) executive branch, the European Commission.
As part of the settlement, the CCIA agreed to withdraw from any legal proceedings against Microsoft regarding the Commission's competition ruling and the subsequent appeal currently before the EU's second highest court, the European Court of First Instance (CFI). The CCIA also withdrew the complaint it filed to the Brussels regulator in 2003, leaving RealNetworks as the last remaining company with a broad-based complaint in the Commission's case.Nokia protests, resigns
But the CCIA deal with Microsoft did not sit well with all of the companies serving on the CCIA board, which include Sun, Yahoo and Oracle. The Finnish handset maker, Nokia, resigned from the board because it disagreed with the terms of the deal.
"The settlement content and process were inappropriate," said Nokia spokeswoman Arja Suominen on Wednesday. "That's why we left the association." Suominen declined further comment.
Black's bonus - a gray area?
According to the FT report, an annex to the agreement with the CCIA included a “one-time bonus” to Black along with a salary of $500,000 a year for the next three years. Furthermore, the agreement distinguishes between Microsoft's overall payment to the CCIA and the payments Black received.
At the time the deal was announced, the CCIA said that it was not retracting or changing positions taken in the past. However, Brad Smith, senior vice president and general counsel for Microsoft, did say the deals with the CCIA and Novell clearly demonstrated the EU does not need to be involved with competition matters that can be settled directly between the companies in question.
CFI President Bo Vesterdorf called a meeting for Thursday to discuss procedural matters surrounding the withdrawal of the CCIA and Novell from the case. Judge Vesterdorf is currently considering a request from the Redmond, Washington, software company that he issue an interlocutory order to suspend the Commission remedies against Microsoft until the CFI decides whether to affirm or annul the decision.
(John Blau in Dusseldorf, Germany, and Simon Taylor in Brussels contributed to this story).