[iwar] [fc:Supreme.Court.Denies.Microsoft.Appeal]

From: Fred Cohen (fc@all.net)
Date: 2001-10-09 17:24:24


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Subject: [iwar] [fc:Supreme.Court.Denies.Microsoft.Appeal]
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Supreme Court Denies Microsoft Appeal

By Jonathan Krim,
Washington Post Staff Writer
Tuesday, October 9, 2001; 1:59 PM

The U.S.  Supreme Court today rejected a bid by Microsoft Corp.  for the
justices to hear the antitrust case against it and put all other
proceedings on hold. 

The high court denied Microsoft's petition without comment, leaving
intact a federal appeals court ruling in June that Microsoft illegally
abused its monopoly power in the market for personal computer operating
systems. 

The case is now back in the hands of a lower federal court judge, who is
responsible for holding hearings and then determining how Microsoft's
anticompetitive conduct should be rectified.  Judge Colleen
Kollar-Kotelly has first ordered government prosecutors and Microsoft to
try to settle the case without further litigation. 

In seeking Supreme Court review, Microsoft argued that the federal judge
who presided over the trial in the case, Thomas Penfield Jackson, was
biased and that all of his findings should have been thrown out. 

The appeals court agreed that Jackson violated judicial ethics by
talking to reporters about the case, and it publicly excoriated him in
its June ruling. 

But it determined that while bias might have influenced Jackson's order
to break up the company, it affirmed Jackson's basic findings of fact
and of law that formed the heart of his decision that the company broke
antitrust laws. 

Instead, the appeals court threw out Jackson's order that the company be
broken up and removed him from the case. 

Microsoft claimed the appeals court erred in not overturning all of
Jackson's basic findings and that such obvious bias could not have been
limited to the penalty question.Microsoft offered dates of interviews
Jackson gave to the New York Times and the New Yorker magazine that it
said showed the judge's bias long before he determined what penalties
should be imposed on the company. 

Most legal analysts expected that the high court would not intervene,
especially while proceedings are ongoing in lower courts. 

The Justice Department said it was pleased by the decision. 

A Microsoft spokesman said the company will "continue to move forward
with the case and comply with the court's order to work with the
government to try to settle the case."

Back to Washtech.com Home

© 2001 The Washington Post Company

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