US Appeals Court Urged to Deny Microsoft's Request to Delay Antitrust Case

The US Justice Department on Friday urged the Court of Appeals for the District of Columbia to deny the Microsoft's request to delay the antitrust case, saying that a delay will bring additional injury to the public interest.

"Granting a (delay) would further delay the public's remedy and contribute to uncertainty in the market," Assistant Attorney General Charles A. James and other government lawyers wrote in a court filing.

"Until that remedy is in place, each day of delay contributes additional injury to the public interest in competition," they said.

The appeals court in June threw out a U.S. District Court judge 's order breaking Microsoft in two, but upheld another ruling that the company is an illegal monopoly and asked the District Court to assign a new judge to decide what penalty the company should face.

Microsoft on Tuesday appealed to the U.S. Supreme Court to overturn the ruling that it operated as an illegal monopoly and asked the appeals court to hold off any action until the Supreme Court decides whether to take the case.

The Supreme Court now is in recess, and is not likely to consider Microsoft's appeal until October or later.

The appeals court may decide as early as Friday whether to send the case to the District Court.






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