Microsoft Antitrust Trial: Judge Crafts Twin-Track Strategy to Resolve Year-Long Litigation

Strategic Insights -

Judge Thomas Jackson's innovative approach to the Microsoft antitrust trial has sparked renewed hope for a settlement between the warring parties. While in court, Jackson has set a series of rolling deadlines for submissions, he has also initiated out-of-court settlement talks under the mediation of outside judge Richard Posner. This dual approach aims to bring the two sides together, despite their deep-seated differences, by focusing on the design of Microsoft's Windows operating software as the core issue. With oral arguments scheduled for February 22, the clock is ticking for both sides to find common ground.

Key Takeaways:

  • Judge Thomas Jackson has crafted a twin-track strategy to resolve the Microsoft antitrust trial, combining in-court deadlines with out-of-court settlement talks.
  • The settlement talks are being mediated by outside judge Richard Posner, who has the respect of both sides due to his conservative juridical background and expertise in economics.
  • Microsoft and the government have been divided on the issue of Windows design, with the company refusing to compromise on its operating software.
  • Robert McTamaney, antitrust partner at Carter Ledyard and Milburn, believes Judge Posner can remind the government that they need to approach the case cautiously, as they have won the first round but have a long road to appeal.
  • A former colleague of Judge Posner suggests that he may remind Microsoft of the possible dangers it faces in court, using his libertarian views to potentially side with the government.

Statistics:

  • 19 states are participating in the antitrust litigation against Microsoft.
  • The government and states are due to file their written arguments by December 1.
  • Microsoft must file its reply by January 1.
  • Oral arguments in court are scheduled for February 22.
  • Judge Posner has started mediating settlement talks after being appointed by Judge Jackson, citing unity among the plaintiffs as the main concern.

Sources:

  • Harvard Law Review, 1997
  • New York Times, 1998
  • Carter Ledyard and Milburn, Antitrust & Competition Law Practice Group
  • CNN, January 2018 (interview with Judge Posner)