Washington, DC- We are very pleased that Judge Jackson has supported the request of the Justice Department and State Attorneys General to expedite Microsoft’s appeal of his ruling to the Supreme Court. Inexplicably, and in contradiction of their own previous statements to the Court, Microsoft now maintains that this case is not “of general public importance in the administration of justice,” as the Expediting Act provides. However, Judge Jackson has acknowledged the clear standard set out by our antitrust laws and has allowed the Supreme Court to have the opportunity to dispose of this appeal expeditiously and to put an end to Microsoft’s delaying tactics, which have allowed them to continue their assault on free markets in our industry.
While Judge Jackson’s stay of conduct remedies may allow Microsoft to perpetuate their monopolistic tactics in the short run, ultimately the only effective method of terminating their illegal behavior is the imposition of the structural remedy, and the Judge’s ruling should hasten this outcome. We hope that the Justices agree to hear arguments on the case early in their next term, and expeditiously rule to restore competition to our industry.