PublishedFebruary 22, 2001

Microsoft Appeal Oral Arguments Set for Feb. 26-27-Keep in Touch with CCIA for Immediate Comment and Analysis

Washington, DC- As the United States Court of Appeals for the D.C. District hears oral arguments in Microsoft’s appeal of the court order requiring breakup of the company, keep in touch with CCIA for up-to-the-minute analysis and insight into the issues and arguments before the Court. CCIA’s President and CEO, Ed Black will be available at the courthouse for reaction on the steps during breaks. Vice President and General Counsel, Jason Mahler, will also be available throughout the day. Full analysis and commentary will be available at the close of argument.

CCIA filed a brief in the District Court and in the Appellate Court supporting the case and calling for a remedy that would protect consumer choice and innovation. Trial testimony established that Microsoft Windows has a monopoly in its multibillion-dollar market and has abused its monopoly in numerous ways, making it virtually impossible for another operating system to compete effectively. Trial Judge Thomas Penfield Jackson found that Microsoft repeatedly used its monopoly power to stifle new technologies that threatened to compete with it, and that only a structural change in the company could prevent future anticompetitive behavior.

The strong trial court record supports the remedy ordered by the Court. According to Black, “The findings of the trial were of tremendous importance to consumers, the entire technology industry, and anyone who uses personal computers. We believe that the record justified the lower court’s findings and rulings, and that the appellate court should uphold them. We look forward to a full review, which we believe will affirm the judgment below.”

Continued Black, “CCIA is committed to fighting policies and practices, whether by government or monopolists, which threaten competition. This case has tremendous importance for much of the high tech industry, including the computer, telecommunication, software, and Internet sectors. The best way to continue dynamic growth in our industry is to ensure that competitive and market forces continue to drive innovation.”

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