IEAKInternet Explorer Administration Kit (Microsoft)
IEAKInternet Explorer Administration Kit
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In the case of the ISPs, the only anticompetitive acts were similar (though less stringent) restrictions on the small number of ISPs on the referral server, not free licensing of IE and the IEAK to all ISPs.
Microsoft's $100 million annual investment in improving the quality of IE; Microsoft's annual investment of $30 million to promote and distribute IE; Microsoft's integration of IE 3 and IE 4 into Windows; Microsoft's decision not to charge for IE at a time when Netscape was charging some customers for Navigator; Microsoft's contract with AOL, in which AOL agreed to use IE technologies for its subscriber software; and Microsoft's provision of free administrative software (the IEAK) and other technical support to ISPs who agreed to make IE their "preferred" browser.
The government's control group excluded hits not only from the ISPs that agreed to shipment restrictions, but also from the much larger number that did nothing more than agree to promote IE as their "preferred" browser in exchange for getting a free copy of the IEAK. To be relevant under the district court's conclusions of law, Fisher's analysis would have had to compare changes in IE's share among those few ISPs that agreed to restrict shipments of Navigator to the changes among other ISPs, including the group that only agreed to promote IE as their preferred browser.(215)