Microsoft launched the series
Microsoft, as promised, filed an appeal against Judge Jackson's decision to split it into two parts with the Washington Court of Appeal. And the court accepted it for consideration. This decision is regarded as a tactical victory for Microsoft in the fight against the US federal authorities: it will no longer be possible to quickly end the fight, as the anti-monopoly fighters hoped.

If anyone thought that after the verdict handed down by Judge Jackson, Microsoft was pessimistic and preparing to split the company, then they were wrong. As Bill Gates promised, the company filed an appeal. But much depended on which court she would appeal to. Microsoft filed its case in the District of Columbia Court of Appeals, where it has already won. So, when Microsoft was prohibited from including its Explorer browser in Windows 95, this court allowed Explorer to be released in conjunction with Windows 98.
Typically, three of the ten members of the court are selected to hear a particular case. However, all ten judges are ready to take up the Microsoft case “due to its exceptional importance,” including six Republicans who generally sympathize with Microsoft, and only four Democrats who are considered ardent fighters against monopolism. So Microsoft has a good chance of a successful outcome in this trial. And one more important point: the decision of the court in Washington is not final. Those dissatisfied with his verdict can appeal to the US Supreme Court, whose verdict is no longer subject to appeal. Hearings in two courts will last for several years, meanwhile the situation in the high tech market is changing so quickly that by the time the final verdict is pronounced, the section for Microsoft may not be so terrible.
Officials of the American Department of Justice, which acts on behalf of the government and authorities of 19 states in the trial against Microsoft, understood all this and asked Judge Jackson to transfer the corporation’s complaint directly to the Supreme Court, bypassing the intermediate court. They also motivated their request with the same “exceptional importance of this matter for the American economy.” In addition, the Ministry of Justice is confident that the Supreme Court will rule in their favor.
But Microsoft's lawyers were ahead of ministerial officials, and now the second, and then third series of the process, which has been dragging on for two years, awaits. That is why the announcement by the Washington Court of Appeal that they will consider Microsoft's complaint is regarded as the first victory for Bill Gates in his battle with the American authorities. Gates himself is now in Seoul: he agreed with Samsung Electronics on the joint development and production of mobile Internet phones and said that the morale of Microsoft employees remains extremely high.

IGOR Kommersant-PICHUGIN

Newspaper "Kommersant" No. 106 dated June 15, 2000, p. 5

Authors:

Igor Pichugin

Themes:

Microsoft activities