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U.S. Supreme Court Urged to Deny Microsoft Appeal Request
The U.S. Justice Department on Friday urged the Supreme Court to reject Microsoft's request for review of the antitrust case against the company, saying that "Microsoft offers no satisfactory explanation."
The U.S. Court of Appeals for the District of Columbia in June overturned U.S. District Judge Thomas Penfield Jackson's order to break Microsoft into two companies, but upheld another ruling that the company operated as an illegal monopoly.
Earlier this month, Microsoft appealed to the Supreme Court to overturn the ruling that the company acted as an illegal monopoly. The company also asked the appeals court to hold off any action until the Supreme Court decides whether to take the case. But the request was denied by the appeals court.
Last week, the appeals court sent the Microsoft antitrust case back to the U.S. District Court, which selected Judge Colleen Kollar-Kotelly to determine what punishment Microsoft should face.
Microsoft's petition provides clear notice that hearing the company's arguments now "would likely lead to multiple, piecemeal requests for review, precisely the result" that the high court's standard practices are designed to avoid, the Justice Department said in its filing.
The department said that the case "should now go forward" in the District court and that "there is no warrant for further delay. "
Responding to the government's filing, Microsoft said in a statement that what is at issue "goes to the very heart of judicial integrity and is fundamental to the public confidence in the trial process."
Microsoft's request is "substantive, supported by past precedent and concerns an issue that is ripe for Supreme Court consideration," said the company.
Kollar-Kotelly has ordered the Justice Department and Microsoft to file a joint report by September 14 outlining proposals for bringing in new witnesses and seeking additional documents.
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