PublishedSeptember 26, 2000


Washington, DC- Today’s Supreme Court decision declining to hear the expedited appeal of the Microsoft ruling finding that the company acted in violation of anti-trust laws will have little impact on the ultimate decision on that funding, or as to whether the software giant should be broken up due to its anti-competitive practices.

“While we favor prompt resolution of this case to minimize harm to consumers and uncertainty in the market, this ruling is nothing more than a procedural one having no bearing on the merits of the case,” said Ed Black, President of the Computer and Communications Industry Association.

“These issues and facts, and Microsoft’s clear pattern of misconduct under the anti-trust laws, have never been considered by the U.S. Court of Appeals, which now has jurisdiction. The only ‘Microsoft’ case this court has considered focused on unrelated contractual issues. Microsoft understandably prevailed, as the case involved interpretation of contractual language. No-one should misconstrue that limited case as having any bearing on the case the judges will now consider,” continued Black.

While this ruling will delay a final decision, the posture of the case remains the same-an impartial judge, reviewing a substantial record of behavior by Microsoft, concluded that the company must be broken up to prevent it from continuing to break the law. Microsoft’s pattern of anti-competitive activity, as exemplified by its attempts to “bundle” Internet browsing software with its other products and its refusal to acknowledge the nature of these actions, remains unmatched by any other company in the high-tech industry. That illegal behavior continues, and continues to be the model for Microsoft’s business plan.

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