Supreme Court Accepts Briefing Schedule in Landmark Antitrust Case Against Microsoft

Strategic Insights -

The Supreme Court has agreed to accept a briefing schedule submitted by the federal government and Microsoft Corp. in the landmark antitrust case. Under this schedule, Microsoft will file its jurisdictional statement on July 26, outlining the reasons why the case should proceed through the lower appeals court first. The government will then respond to Microsoft's filing within three weeks. Microsoft will have the opportunity to file a reply brief on August 22, if it chooses to do so. The Supreme Court will then decide whether to accept jurisdiction or remand the case back to the Court of Appeals.

Key Takeaways:

  • The Supreme Court has accepted a briefing schedule proposed by the federal government and Microsoft Corp. in the antitrust case against Microsoft.
  • Microsoft will file its jurisdictional statement on July 26, outlining its reasons for wanting the case to proceed through the lower appeals court first.
  • The government will respond to Microsoft's filing within three weeks of its submission.
  • Microsoft will be allowed to file a reply brief on August 22, if it chooses to do so.
  • The Supreme Court will ultimately decide whether to accept jurisdiction or remand the case back to the Court of Appeals.
  • The case was pulled out of the Court of Appeals by US District Court Judge Thomas Penfield Jackson under the 1974 Expediting Act.
  • Microsoft had hoped to keep the case in the Court of Appeals, where it had previously received favorable rulings.

Statistics:

  • July 26: Microsoft's jurisdictional statement is due to be filed.
  • Within three weeks: The government will respond to Microsoft's filing.
  • August 22: Microsoft's reply brief is due to be filed, if it chooses to do so.
  • 1974: The Expediting Act was passed, allowing federal antitrust cases to skip the lower appeals court process.

Sources:

  • Marshall, Catherine. "US District Court Judge Grants DoJ Request to Climb the Appeals Ladder, Microsoft Sued." Newsbytes, June 22, 2000, http://www.newsbytes.com
  • WIRES ONLINE, LEGAL, BUSINESS/MSSPLIT/PHOTO. Newsbytes, June 22, 2000.