FC: Microsoft antitrust update: Off to the Supremes?

From: Declan McCullagh (declanat_private)
Date: Sat Jul 21 2001 - 10:23:13 PDT

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       Is Gates Supremely Confident?
       By Declan McCullagh (declanat_private)
       2:00 a.m. July 21, 2001 PDT
       WASHINGTON -- Microsoft said on Friday that it might appeal an appeals
       court decision to the U.S. Supreme Court.
       In June, the U.S. Court of Appeals for the D.C. Circuit halted the
       breakup of Microsoft and sent the case back to a different judge --
       but ruled unanimously that Microsoft had violated antitrust laws.
       That left Microsoft with two obvious choices: Accept the partial
       defeat and focus on persuading a new judge not to levy harsh
       penalties, or continue with its appeals.
       If Friday's filing is any indication, Microsoft is hoping the nation's
       highest court will see things more favorably. Microsoft says: "With
       the benefit of this court's narrowing and focusing of the issues, the
       Supreme Court may well undertake a review of one or more questions
       presented by the case now."
    Index of legal documents filed this week:
    FRIDAY, JULY 20, 2001	
    (202) 514-2007
    	WASHINGTON, D.C. - The Department of Justice announced today
    that Philip S. Beck will be named lead trial counsel for the Microsoft
    case.  Beck will join the Antitrust Division's staff, including
    M.J. Moltenbrey, a senior official, and Phillip R. Malone, the senior
    trial attorney who has been leading the Division's career staff in its
    successful prosecution of the case to this point.
    	 Beck, a founding partner at Bartlit Beck Herman Palenchar &
    Scott, will be retained by the Department beginning Monday, July 23.
    	"Phil Beck is an extraordinarily talented and highly regarded
    trial attorney," said Charles A. James, Assistant Attorney General for
    Antitrust.  "His extensive litigation experience and ability to deal
    with complex issues make him a perfect choice to lead the litigation
    team as the case moves back to the District Court for further
    proceedings as ordered by the Court of Appeals."
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