“We will file the notice of appeal and stay just as soon as
possible, in the matter of a very few days,” said attorney Bill
Neukom. He added that he expected the appeals process to last for
several months, or possibly more than a year depending on how the
process unfolded.
Microsoft’s chairman insisted the company will appeal the
decision, speaking in a conference call shortly after Judge Thomas
Penfield Jackson gave his ruling to split the company in two. Gates
said, “This reminds me of the old saying, ‘today is the first day
of the rest of your life’ and today is the first day of the rest of
the case.”
Gates added, “We’re confident the judicial system will overturn
this decision and we will also be seeking a staying order to
prevent any other restrictions until the appeal process is
complete.”
The Department of Justice will want to take the case straight to
the Supreme Court when the appeal is filed. Assistant Attorney Joel
Klein said: “A matter of this consequence, involving serious market
implications and a major company, should, one, benefit from Supreme
Court review and, two, should benefit quickly so that the
expectations can be settled, the remedy can go forward and the
industry can move on.”
Taking the case to the Supreme Court would bypass the normal
intermediate hearing at the US Circuit Court of Appeals for the
District of Columbia. To succeed with this bypass, the government
must show that the case is “of general public importance in the
administration of justice.” Microsoft’s agreement is not
necessary.
Bill Neukom argued implied that Microsoft would be reluctant to
bypass the circuit court. He observed that in 28 years the Supreme
Court has taken only one expedited appeal which led to the break up
of telecom giant AT&T.
Joel Kelin said: “After the divestiture I expect both companies
will be vibrant, strong and successful firms. Each will be free to
create new, exciting products. And they will have every incentive
to compete vigorously with one another and with others in this
industry. That competition will benefit America’s consumers and the
entire economy.”
