Massachusetts v. Microsoft Corp. (D.C. Circuit)

The United States, along with numerous states, brought antitrust complaints under Sections 1 and 2 of the Sherman Act against Microsoft Corp. relating to its Windows operating system. The district court found that Microsoft committed antitrust violations and e filed an amicus curiae brief with the D.C. Circuit in the appeal of those findings. After the D.C. Circuit affirmed a finding of liability, a hearing on the appropriate remedy was conducted. Several states and trade groups objected, including the Computer and Communications Industry Association and others who we represented. Because CCIA and others were denied the ability to intervene, we filed a brief as amicus curiae in the appeal of the district court’s remedial decision. Among other things, the brief argued that the district court misinterpreted precedent governing the proper remedies for antitrust violations.