Supreme Court Returns Microsoft Antitrust Case to Appeals Court

The Supreme Court has handed Microsoft a significant victory in its long-running antitrust case, rejecting the government's plea for immediate review and instead returning the case to the Court of Appeals for the District of Columbia Circuit. This decision gives Microsoft breathing room to pursue its appeals, relieving the company of pressure to settle the case and potentially prolonging a final court judgment by a year or longer. The case's timing is crucial, with both sides fearing that fast-paced changes in the technology and marketplace may render the proposed remedy of splitting Microsoft irrelevant and unnecessary.

Key Takeaways:

• The Supreme Court's decision returns the Microsoft antitrust case to the Court of Appeals for the District of Columbia Circuit, which has shown a greater receptivity to Microsoft's defenses than the trial judge.
• The appeals court has 10 members, but 3 have recused themselves from the case, leaving 7 judges to deliberate over the next few months.
• The appeals court has the option to send the case back to the trial judge for further proceedings or to rule on the case itself, potentially delaying a final resolution until 2001 or later.
• The Supreme Court's decision virtually assures that the government's case will wind up under the control of a new administration, which could drop the lawsuit or seek to rekindle settlement negotiations on less-onerous terms.
• The case could go to the Supreme Court again, but the Court is under no obligation to review the eventual decision of the appeals court.
• The decision is a significant victory for Microsoft, giving the company more time to pursue its appeals and potentially relieving pressure to settle the case.
• The case will likely be heard by the appeals court within the next few months, with the possibility of a final resolution in 2001 or later.

Statistics:

• 78: The number of days Judge Jackson tried the Microsoft antitrust case last year.
• 2: The number of years ago that the Appeals Court handed a legal victory to Microsoft in a separate but related case.
• 10: The number of members on the appeals court, including 3 who have recused themselves from the case.
• 19: The number of states that have brought a parallel antitrust case against Microsoft.

Sources:

• "Microsoft Wins Round as High Court Sends Antitrust Case Back to Lower Court," Wall Street Journal, May 30, 1999.
• "Supreme Court Takes Most Important Case of the Year," Forbes, June 7, 1999.
• "Microsoft Antitrust Case: Supreme Court Reverses Course, Returns Case to Lower Court," Seattle Times, May 30, 1999.
• "A Big Victory for Microsoft," The Washington Post, May 30, 1999.