Appeals Court Overturns Microsoft Breakup Order
is the story detailing a decision by a U.S. Appeals court to overturn last
year's ruling by lower court judge Thomas Penfield Jackson that Microsoft had
tried to monopolize the market for Internet browsers and should be broken into
two separate companies (story
), though the "seven-judge
appeals panel agreed that Microsoft holds a monopoly in personal computer
operating systems and some of its competitive practices amounted to illegal use
of that monopoly." Here is a bit from the story on the ruling, and some of
the reaction to it:
The appeals panel also rebuked Jackson for giving the
"appearance of partiality" through his media interviews during the
"Although we find no evidence of actual bias, we hold that the actions of
the trial judge seriously tainted the proceedings before the District Court and
called into question the integrity of the judicial process," the court said
in its ruling.
"We are therefore constrained to vacate the (breakup order) on remedies,
remand the case for reconsideration of the remedial order, and require that the
case be assigned to a different trial judge on remand."
The U.S. Justice Department welcomed the appeals court finding that Microsoft
engaged in illegal conduct to maintain its monopoly over personal computer
operating systems. Attorney General John Ashcroft is scheduled to hold a news
conference at 3 P.M. EDT (1900 GMT).
"We are reviewing the court's opinion and considering our options,'' the
Microsoft spokesman Mark Murray said the company was reviewing the ruling and
would comment later.
The White House said it was too early to conclude that President Bush's
administration would pursue the Microsoft case less vigorously than the Clinton
Asked if it was safe to say the Justice Department would not pursue the case
with the same zeal that it did under former President Bill Clinton, White House
spokesman Ari Fleischer replied: "No. I think it's too soon to make any