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Judge appoints mediator in Microsoft antitrust case

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Computerworld, 11/22/99

Judge Thomas Penfield Jackson Friday appointed a mediator in the Microsoft antitrust case.

Jackson tapped Judge Richard A. Posner, chief judge of the U.S. Court of Appeals for the Seventh Circuit in Chicago, to mediate between the Department of Justice, state attorneys general and Microsoft Corp.

The "manner and duration" of Posner's mediation work will be determined by Posner, said trial Judge Thomas Penfield Jackson in his court order.

Jackson also set Feb. 22 for final oral arguments before he issues a verdict in the case.

Microsoft spokesman Jim Cullinan said the company looks forward to working with Posner toward a fair resolution to the case. "We think this is potentially a very positive step. Both sides voluntarily agreed to it," Cullinan said.

Justice Department spokeswoman Gina Talamona said "Judge Posner is a highly respected jurist," and that "We look forward to meeting with him to discuss ways to address the serious competitive problems identified in the court's findings of fact."

"The department has always been willing to seek a settlement that would promote competition, innovation and consumer choice," she said.

One legal expert praised the choice of Posner. "Judge Posner, given the respect he has in the bar and the legal community, has a good chance of achieving some settlement," said Harvey Saferstein, an antitrust lawyer at Fried, Frank, Harris, Shriver & Jacobson in Los Angeles. "He is respected by liberals, conservatives; he has enormous respect in the academic world ... he has the ability to bring these sides together."

For more enterprise computing news, visit Computerworld online. Story copyright © 1999 Computerworld, Inc. All rights reserved.

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