Microsoft Seeks Additional Time to Respond to Government's Antitrust Case Appeal

Strategic Insights -

Microsoft Corp. is asking for more time to respond to the government's request to fast-track its landmark antitrust case to the US Supreme Court, citing the need to address "factual, legal and procedural errors" in the District Court's decision. The company is seeking to have the case heard in the DC Circuit Court of Appeals, where it has been granted an "en banc" review, with all 11 judges on the panel to preside. This appeal comes after the government filed a petition to the Supreme Court under the 1974 Expediting Act, which allows federal antitrust cases to bypass the lower appeals court process.

Key Takeaways:

  • Microsoft is requesting additional time to respond to the government's request to fast-track the antitrust case to the US Supreme Court, citing the need to address errors in the District Court's decision.
  • The company is seeking to have the case heard in the DC Circuit Court of Appeals, where it has been granted an "en banc" review, with all 11 judges on the panel to preside.
  • Microsoft has filed two stay motions with the Court of Appeals seeking an immediate stay of the final judgment issued in the lawsuits.
  • The government petitioned to the Supreme Court under the 1974 Expediting Act, allowing federal antitrust cases to bypass the lower appeals court process.
  • The DC Circuit Court of Appeals overturned a previous ruling against Microsoft, deciding to hear the case "en banc."
  • The case involves Microsoft's appeal of Judge Thomas Penfield Jackson's ruling that the company be broken up into two separate entities.

Statistics:

  • 4 months: the time frame within which Microsoft must submit a divestiture plan to carve the company up into two companies.
  • 60 days: the time frame within which the US Department of Justice must respond to Microsoft's plan.
  • 2: the number of entities Microsoft must be broken up into, according to Judge Jackson's ruling.
  • 11: the number of judges on the DC Circuit Court of Appeals panel that will hear the case "en banc."

Sources:

  • Newsbytes, "Microsoft Appeals Breakup Order" (June 14, 2000)
  • Wires Online, "Microsoft Sues to Halt Break-Up Order" (June 13, 2000)
  • Microsoft Corp. motion filed with Judge Thomas Penfield Jackson (June 14, 2000)