US Attorney General Janet Reno announced yesterday that the Justice Department has lodged an appeal of the rejection by Judge Stanley Sporkin of the government’s antitrust settlement with Microsoft Corp. Ms Reno called the ruling incorrect, saying the government had thoroughly investigated Microsoft’s conduct and that the settlement contained appropriate remedies. She said notice of appeal had been filed with the US Court of Appeals in Washington, DC, and requested that the court consider the case quickly. Microsoft says it will operate as if the consent decree was in place – and has to do so anyway in Europe, because it signed an identical but separate agreement with the European Commission. If Judge Sporkin’s decision is rejected in toto, disaffected Microsoft competitors will have the option of taking the matter further by getting the European Commission to consider additional allegations, but some legal observers believe the appeals court may narrow the areas Judge Sporkin can address wi thout going so far as to order him to ratify the settlement. Heavyweight competitors were delighted with the Judge’s ruling: I’d celebrate his view, said Scott McNealy, chief executive of Sun Microsystems Inc. I’d like an operating envi ronment to have as much op enness as the English lang uage does. The issues Judge Sporkin has raised about Microsoft’s market power and industry domin ance are serious and real, Tom Lemberg, Lotus Develop ment Corp general counsel told Reuters. We consider it positive that these iss ues will be further ventil ated as a result of Judge Sporkin’s decision. I think there’s an opportuni ty here now for the indust ry, said Taligent Inc chief Joe Guglielmi: It’s the opportunity to take an even stronger measure to ensure an open market.
