Microsoft filed its response to the FTC’s lawsuit and accused the FTC of unconstitutional behavior for, among other things, violating Microsoft’s Fifth Amendment rights to a neutral arbitrator, since the Commission is responsible for initiating the complaint. The response also accuses the FTC of violating Article 3 of the U.S. Constitution by having an administrative judge – a member of the executive branch – involved in proceedings. Their role in the case is collecting information, among other activities authorized by a separate section of U.S. legal code that approves the appointment of administrative judges in the executive branch to carry out these same activities.
