The Legal Road Ahead

Deciding Appropriate Remedies. On May 24, the U.S. District Court in Washington, D.C., reconvenes before Judge Thomas Penfield Jackson to hear arguments from both sides on what remedies they now consider appropriate.

Fighting Ancillary Private Lawsuits. Even while it marshals its legal team to appeal, Microsoft must contend with more than 100 private lawsuits filed to take advantage of Judge Jackson’s ruling of monopolistic behavior. So far, the lawsuits filed have been consumer class-action civil suits. It is possible that one of Microsoft’s rivals, such as Sun, could also file suit based on the evidence presented in the DoJ case.

Appeals Court. When the remedy is decided, the case closes in Judge Jackson’s court. Microsoft will then appeal to the U.S. Court of Appeals for the Washington, D.C., Circuit. However, Judge Jackson has indicated his inclination to skip this phase by inviting the government to invoke the Antitrust Expediting Act, sending the case directly to the U.S. Supreme Court. Microsoft opposes this abbreviated process.