• New York Post, Monday, August 4, 2008 12:15 PM

Ex-AOL CEO Jonathan Miller appeared to have all but locked-down a seat on Yahoo's board until Time Warner CEO Jeff Bewkes stepped in to thwart the plan.

Miller's nomination, which had been the stated goal of both Yahoo CEO Jerry Yang and forcibly-appointed member Carl Icahn, is no longer a possibility, Bewkes revealed, due to a non-compete clause the former AOL CEO signed with Time Warner when the company forced him out in 2006. The non-compete renders Miller ineligible to work for an AOL competitor until March 2009.

Even so, sources tell the New York Post that Yang and Miller received assurances from Bewkes and four Time Warner board members that the media giant wouldn't stand in the way of Miller becoming a director. Time Warner's statement contradicts that. "When Jonathan Miller signed his contract, it specifically stated that, upon payout of that contract, he could not work for a variety of competitors, including Yahoo, until March 2009," the statement said. Miller had been seen by many as a potential candidate to succeed Yang at the Yahoo helm. Yahoo has until Aug. 15 to choose two new board candidates from Carl Icahn's proxy slate.

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