Antitrust Trial Down to the Wire

As the lengthy Microsoft trial concluded another stage in February, both sides marshaled final arguments. In addition, Lawrence Lessig and Robert Bork and two software industry organizations filed “friend of the court” briefs, which offer the judge additional guidance on the legal issues. For the most part, the additional briefs took clearly partisan positions for or against Microsoft.

At this stage of the trial, Judge Thomas Penfield Jackson has already determined the relevant facts of the case, outlined in his Findings of Fact released in November, and is now considering how U.S. antitrust law should be applied to those findings. The Department of Justice (DoJ) has the easier task at this stage of the trial because Judge Jackson’s findings of fact virtually mirror the government’s own arguments.

Microsoft Counter Arguments

In its latest submission, Microsoft treads on dangerous ground, since some of its assertions have already been significantly challenged by the earlier Findings of Fact.