United States v. Microsoft Corporation (2001)
United States Court of Appeals for the District of Columbia Circuit
253 F.3d 34 (2001)
Microsoft (defendant), which held market power in operating systems but faced real competition in web browsers, bundled its Internet Explorer browser with Windows; the government sued, alleging an unlawful tying arrangement, and the district court applied a per se antitrust analysis and ruled for the government. Immediately after entering final judgment, it emerged that the trial judge had secretly given press interviews before ruling, criticizing Bill Gates's credibility, comparing Microsoft's conduct to drug trafficking, stating he did not have to give Microsoft due process, and even expressing doubt about his own competence to order a corporate restructuring -- while insisting the interviews stay secret until after judgment. Microsoft appealed both the per se ruling and the judge's conduct.
Whether tying arrangements involving software-platform products should be judged under the rule of reason, and whether, under the federal code of judicial conduct, a judge may be disqualified for publicly commenting on the merits of a pending or impending case in a way that destroys apparent or actual impartiality.