A controversial article by the judge overseeing Microsoft’s antitrust ruling appeal may lead to a change.
At Europe’s Court of First Instance, Microsoft seeks to have the landmark antitrust decision handed down by the European Commission struck down on appeal. That decision, first reached in March 2004, imposed a massive fine on Microsoft and compelled it to agree to change certain business practices.
But Judge Legal has been under fire for a controversial article he wrote and subsequently published in the French journal Competition. He called judges’ clerks “ayatollahs of free enterprise” in the article, claiming that when they speak French better than the judges, they gain a central role in proceedings.
Numerous sources reported the clerks and judges at the court were highly displeased with the comments. What this means for Microsoft could be a delay in a ruling that already won’t be rendered until mid-2006.
The president of the Court, Bo Vesterdorf, has proposed a change where the Grand Chamber of 13 judges, which he heads, would take the case from Judge Legal’s purview and oversee it himself.
That change would likely push a resolution in Microsoft’s appeal to late 2006. Though Judge Vesterdorf has been familiar with the case, the other judges would have to be briefed on it before proceeding.
Some observers feel Judge Legal’s five-judge team has been moving too rapidly on the Microsoft appeal case. As to a change, neither Microsoft nor the European Commission is expected to challenge a judge swap.
David Utter is a staff writer for Murdok covering technology and business. Email him here.
