“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.”