Washington, DC- Ed Black, President and CEO of the Computer & Communications Industry Association (CCIA) issued the following statement in response to Microsoft’s filing a petition for a writ of certiorari with the Supreme Court. Microsoft asked the Court to hear its appeal, and asked the Circuit Court to stay their issuance of mandate while the writ is pending:
“Given the mountain of evidence and overwhelming findings of both the District Court and the unanimous Circuit Court, it is hardly surprising — but quite telling — that Microsoft is not appealing any substantive matter in the decision to the Supreme Court. However, it is unusual that a party claiming such a resounding victory in the wake of an appeals court’s decision would seek to have the entire lower court decision vacated. Clearly, this is no more than a Hail Mary to the Supreme Court and an effort to delay further the proceedings in the case. But as is Microsoft’s pattern, they are loath to confront the reality and consequences of their illegal conduct and are willing to employ any legal, lobbying, or PR tactic to avoid responsibility. Microsoft is evidently petrified to return to the District Court.
“Obviously, it is most unlikely that the Supreme Court will agree to hear this appeal. The Circuit Court found unanimously that there was no evidence of bias in the trial record, nor did Microsoft allege any such bias. In such a case, it would be unimaginable that Microsoft, having been found guilty of a host of antitrust violations, would be permitted to avoid liability because Judge Jackson talked to reporters when he shouldn’t have. Clearly, this would be a draconian remedy that would significantly undermine the public’s confidence in the judicial process.
“Having provoked Judge Jackson through the course of the trial with testimony and legal arguments that were clearly not credible, Microsoft should not be allowed to benefit from his failure to keep his opinions of their case to himself.”