:New York Law Journal: Obscure Law May Complicate Microsoft Appeal
New York Law Journal: Obscure Law May Complicate Microsoft Appeal Nov 9, 1999, 17 :40 UTC (2 Talkback[s]) (6763 reads) (Other stories by Karen Donovan)
"If the company [Microsoft] does appeal, a little known law called the Antitrust Expediting
Act, which applies to antitrust actions brought by the U.S. government, will
cause the defense some problems.
The Expediting Act will allow the Justice Department to seek immediate
review at the U.S. Supreme Court, vaulting over sympathetic judges from the
federal appeals court in Washington, D.C., who ruled in Microsoft's favor in
June 1998."
"...Microsoft faces
an even greater problem from the Expediting Act. It precludes a party from
appealing until a 'final judgment' is issued - in other words, until Judge
Jackson has his say not only on the law's application to his findings of fact,
but on what remedies should apply to Microsoft's antitrust violations.
Microsoft would like to avoid that phase so that it can keep arguing the points
of law in its favor without having to debate particular punishments."
