Microsoft yesterday called for the US Supreme Court to reject
government arguments and to reverse the finding of the Appeals
Court that the company had breached antitrust laws. In a legal
brief which attacked each of the arguments made by the Department
of Justice, the company said that district court judge Thomas
Penfield Jackson’s misconduct was “so profound that it is difficult
to imagine a case in which a new trial would be more
appropriate.”
The case was recently sent to a new district court judge,
Colleen Kollar-Kotelly, following criticism by the Appeals Court of
Judge Jackson’s comments about the case which Jackson made to
journalists before announcing his findings and proposed remedy. The
Appeals Court charged Judge Kollar-Kotelly with deciding certain
questions of law and proposing a new remedy. The Department of
Justice recently indicated that it no longer wanted the remedy to
be a break-up of Microsoft, the original remedy that had been
supported by Judge Jackson.
Microsoft is arguing to the Supreme Court that the Appeals Court
did not go far enough in throwing out Jackson’s remedy. It argues
that the Appeals Court should have thrown out his entire verdict,
essentially necessitating a re-trial. The Department of Justice
disagrees.
The Department of Justice and Microsoft are tomorrow due to
address Judge Kollar-Kotelly on outstanding issues to be followed
by a hearing next week.
