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Trade Groups Seek Appeal of Decision

Two industry trade groups that represent Microsoft competitors have asked Judge Colleen Kollar-Kotelly to let them appeal her decision in the Microsoft antitrust case. Noting that the judge's decision to green-light Microsoft's settlement with the US Department of Justice (DOJ) will adversely affect their member companies, the Software & Information Industry Association (SIIA) and the Computer & Communications Industry Association (CCIA) say that the decision isn't in the public interest. If the judge approves their request, her Microsoft antitrust decision will face two challenges on appeal: Earlier this month, Massachusetts and West Virginia also decided to appeal the decision.

"Our members are directly impacted by the terms of the settlement," said SIIA President Ken Wasch. "After careful analysis of the terms of the settlement and after carefully reading Judge Kollar-Kotelly's ruling, we respectfully conclude that this settlement is not in the public interest. We believe the Appeals Court should have an opportunity to review that determination." The groups point to more than 30,000 public comments that individuals submitted during the Tunney Act proceedings of the Microsoft hearings. More than two thirds of the comments were critical of the settlement proposal.

The two groups, which represent AOL Time Warner, Oracle, Sun Microsystems, and other companies, filed a motion for appeal Friday at a federal appellate court in Washington, DC. In response, the Association for Competitive Technology (ACT), a trade group that Microsoft backs, issued a statement that described the groups' appeal request as "unnecessary ... and dangerous to the economy."

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