Microsoft seeks antitrust delay

In a case that has already dragged on for several years, the US government and Microsoft are now focusing their attentions on...

In a case that has already dragged on for several years, the US government and Microsoft are now focusing their attentions on gaining a significant advantage in the anti-trust saga over the next six weeks.

That is the time remaining before the justices of the US Supreme Court return for the new session and are expected to decide whether to hear Microsoft's appeal on part of the anti-trust case.

Microsoft wants the case halted until the high court acts. But the government wants the US Court of Appeals to reject that delay, and to allow the appointment of a new judge and hearings on remedies to resolve the court's findings that Microsoft violated anti-trust law to maintain its monopoly.

In legal papers filed on 15 August, Microsoft attacked the government for speeding up the pace of the trial and urged the appeals court to wait for a Supreme Court decision. "If the Supreme Court elects not to consider the question posed in Microsoft's petition, the stay will likely remain in effect for no more than six weeks. Little will happen during that short period," Microsoft wrote.

The company wants Judge Thomas Penfield Jackson's findings of fact and conclusions of law thrown out as a result of judicial misconduct resulting from his decision to grant interviews to reporters.

The government argued against a postponement in a petition filed on 10 August. According to government attorneys, "Microsoft has little prospect of winning a high court review of the appeals court's unanimous fact-based determination. Moreover, a stay would delay the public's remedy and contribute to uncertainty in the market."



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