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New York Law Journal: Obscure Law May Complicate Microsoft Appeal

Nov 09, 1999, 17:40 (2 Talkback[s])
(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."

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