Microsoft has filed its appeal against the court ruling that it
should be broken up for violating US anti-trust laws.
Microsoft has filed its appeal against the court ruling that it
should be broken up for violating US anti-trust laws.
In an unusual set of circumstances, Microsoft notified Judge
Thomas Penfield Jackson of its plan to appeal his ruling at the
same time as the company asked the US Court of Appeals to hear the
case and the Appeals court had agreed to hear the case in advance
of the request.
As Microsoft’s lawyer handed the appeal to the court, he was
immediately given an order that had been prepared in advance,
approving the appeal request and outlining an extraordinary
procedure under which all eligible judges in the 12 member appeals
court would hear the case, rather than the Appeal Court’s usual
three-judge panel.
However, it is still possible that the appeal will by-pass the
Appeals Court and go directly to the Supreme Court for review, as
the Justice Department has requested. The US Department of Justice
said in a statement: “Immediate Supreme Court review of this case
is in the public interest because of its importance to the American
economy.” Such by-passing is permissible in major anti-trust
cases.
In its appeal Microsoft criticised Judge Jackson for “an
astounding abdication of the judicial function” and for his
“shocking” comments in newspaper interviews about his
deliberations.
Observers say that Microsoft’s best chance of a sympathetic
hearing is in the Appeals Court. The Court’s apparent eagerness to
hear the case might make the Supreme Court less likely to ‘pull
rank’ and take over the case at this stage.
