States Say They’ll Pursue MS

W A S H I N G T O N, Jan. 8 -- State attorneys general say they are determined to pursue the antitrust case againstMicrosoft Corp., even if the Justice Department, under incomingPresident George W. Bush, tries to back away.

Microsoft is appealing a trial court ruling that it abused its monopoly power and should be split in two to preventfurther antitrust violations. The U.S. Court of Appeals willhear oral arguments in February after top posts in the JusticeDepartment are filled by Republican appointees.

A top economic adviser to Bush has criticized antitrustenforcement under President Clinton, but opposition todropping the case from the states and some in Congress wouldmake it difficult to reverse course.

“We hope and assume that the Bush administration wouldfully pursue the Microsoft case through all stages, includingthe Supreme Court, if that’s necessary,” said Iowa AttorneyGeneral Tom Miller, leader of the 19 states that areco-plaintiffs in the case with the federal government.“However, if for some reason they don’t, we have made acommitment to pursue this case to the end.”

Bush Official Bashes Policy

The Clinton administration’s last hurrah will come onFriday, when it files a 150-page brief with the appeals courtahead of oral arguments on Feb. 27 and 28.

Until now, lawyer David Boies has argued the case for theJustice Department. He is unlikely to continue in that role.Boies argued for Vice President Al Gore before the U.S. SupremeCourt and lost a 5-4 decision that propelled Bush to thepresidency.

Even before that, the Bush camp had few kind things to sayabout Justice Department antitrust policy.

Bush’s recently appointed assistant for economic affairs,Lawrence Lindsey, said six months ago that the Clintonantitrust policy was “radical” and needed change.

Lindsey said at the Republican Convention in August that aBush administration would have “greater sensitivity” to“respecting the private sector and respecting the need forinnovation and profitability long-term,” specificallymentioning Microsoft.