CEI Advises Appeals Court To Accept Microsoft Settlement

CEI Advises Appeals Court To Accept Microsoft Settlement

Imperfect Agreement Better Than More Time in Court
January 24, 2002

Washington, D.C., January 25, 2002 — The Competitive Enterprise Institute is today filing comments with the U.S. District Court urging that Judge Kollar-Kotelly accept the proposed settlement in the government’s antitrust lawsuit against Microsoft.  While CEI believes the settlement itself is far from ideal, the agreement between Microsoft, the Department of Justice, and the majority of the state attorneys general is likely to be the best hope for a settlement.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />


“A serious argument could be made that the settlement goes too far and that it should be rejected as a misguided effort at industrial policy imposed by the lawyers and economists of the antitrust industry,” said James V. DeLong, senior fellow at CEI.  “On balance, however, the damage the litigation is doing to the industry and to the legal system is serious and the sooner it ends, the better.” 


Allowing the trial to continue could also have a serious negative impact on the legal process itself.  “This case is doing for antitrust law what the O. J. Simpson trial did for the criminal law – it is making it into a public laughing stock and greatly contributing to public cynicism about the law and the legal system,” continued DeLong.  “The case was conceived in spin, with Microsoft’s competitors spending millions of dollars hiring former government officials to push public opinion in their favor, not to mention the inappropriate contact between the trial judge and the press which was the subject of unusually scathing language by the Court of Appeals.”


The text of CEI’s filing is available here.


Antitrust Expert Available For Interviews On The Microsoft Settlement James V. DeLongSenior Fellow202-331-1010, ext. 246jdelong@cei.org Recently featured in: USA Today, NationalReview Online, New Technology Week, andReason, among many other publications.


CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information, please contact CEI at pr@cei.org or 202-331-1010.