Microsoft and Justice Department Prepare for April Oral Argument on Antitrust Consent Decree

Microsoft Corp. and the Justice Department have filed their final appeal briefs in preparation for a critical oral argument on April 24, regarding a proposed antitrust consent decree. The Justice Department rejects friend-of-the-court briefs filed by Microsoft critics, arguing that their arguments would lead to an unauthorized and constitutionally suspect inquiry into prosecutorial decisions. Meanwhile, Microsoft reiterates its argument that Judge Stanley Sporkin should be removed from the case if it is sent back to the district court level.

Key Takeaways:

• The Justice Department rejects friend-of-the-court briefs filed by Microsoft critics, arguing that their arguments would lead to an unconstitutional inquiry into prosecutorial decisions.
• Microsoft reiterates its argument that Judge Stanley Sporkin should be removed from the case if it is sent back to the district court level.
• The two parties dispute the contention that the appeals court doesn't have jurisdiction to consider the case.
• Microsoft's latest brief dismisses some of the points raised by opponents of the decree.
• Judge Sporkin's February 14 rejection of the settlement was critical of the Justice Department for not providing him with information about the scope of its antitrust investigation.
• The investigation into Microsoft culminated with a consent decree on a relatively narrow issue: Microsoft's licensing practices.

Statistics:

• The proposed antitrust consent decree is set to be argued in court on April 24.
• Judge Stanley Sporkin rejected the settlement on February 14.
• The investigation into Microsoft focused on the company's licensing practices.

Sources:

• "Microsoft and Justice Department Prepare for April Oral Argument on Antitrust Consent Decree" (Source: Undated)
• "Judge Sporkin Rejects Microsoft Settlement" (Source: February 14)