Microsoft Appeals RulingMicrosoft appealed to the Supreme Court Tuesday to overturn a ruling that the software giant is an illegal monopoly that has harmed consumers and stifled competition.Microsoft sent the petition to the high court two days before the case was to be sent to a new judge to decide what penalty the Redmond, Wash., firm should face. Simultaneously, Microsoft asked the appeals court that currently has the case to hold off any action until the Supreme Court decides whether to take the case, company spokesman Vivek Varma said. A federal appeals court in June threw out a U.S. District Court judge's order breaking the company in two, saying a new lower court judge should hold hearings to fashion a punishment, which could still include a breakup. The ruling had been a partial victory for the software maker since it set aside a lower court order to split the company into two. But it also left intact the lower court's findings that Microsoft engaged in anti-competitive practices. Tuesday's filing argues that the appeals court's findings of "deliberate, repeated, egregious, and flagrant" ethical violations by District Court Judge Thomas Penfield Jackson should have meant his findings against the company wouldn't remain in effect. The appeal was an expected move by Microsoft. The company has been in talks with Justice Department officials to try to settle the case against it. It also is facing new charges from some critics, including Sen. Charles Schumer, D-N.Y., that its Windows XP operating system also is anti-competitive. |
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