DOJ opposes Supreme Court review of MSFT

August 31, 2001: 1:03 p.m. ET

Justice Department asks High Court not to consider antitrust matter

WASHINGTON (CNNfn) - The U.S. Department of Justice on Friday asked the United States Supreme Court to deny Microsoft's request for a review of its antitrust judgment.

Microsoft is appealing the case based largely on the conduct of U.S. District Court Judge Thomas Penfield Jackson, who ruled that Microsoft has violated U.S. antitrust laws by abusing its monopoly power in computer operating systems and ordered the software maker split into two smaller companies as a remedy to prevent it from violating state and federal antitrust laws in the future.


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A federal appeals court overturned the breakup order but upheld Judge Jackson's ruling that Microsoft held a monopoly in computer operating systems and had used that power to engage in illegal, anticompetitive business practices.

In its original order, the appeals court said Judge Jackson's public comments in the press were in violation of ethical guidelines requiring judges to avoid public comments on pending cases and avoid the appearance of impropriety. The appeals court has returned the case to the district court for further hearings by a new judge, as well as to review other elements of the original order.

In its petition to the Supreme Court, Microsoft highlighted the judicial misconduct issue, arguing that it was grounds for Judge Jackson's entire ruling to be overturned.

In its brief filed with the Supreme Court Friday, the Justice Department says, "The evidence of Microsoft's liability was clear enough that the court of appeals could unanimously affirm the core of the government's claims even against the backdrop of the judge's misconduct."

The Justice Department's brief goes on to note that only two of the interviews in question took place before the Judge ruled that Microsoft was an illegal monopolist, and the details of those statements were "restrained."

Legal experts say the case is unlikely to even be discussed amongst the justices until the court's fall term begins in October.

Meanwhile, the new district court judge, Colleen Kollar-Kotelly, has begun to schedule conferences and ask for briefs to get the process of determining a remedy for Microsoft's illegal monopolistic behavior.

A breakup of the company, although unlikely, is still technically possible.

Shares of Microsoft moved higher on Nasdaq in early afternoon trade Friday.

-- CNN Washington correspondent Scott Spoerry contributed to this report.