Saw this on another list.

Steve


Court Denies Microsoft Request for Delay
Friday, August 17, 2001
By Jonathan Krim,
Washington Post Staff Writer


In a victory for government prosecutors, a federal appeals court today
denied Microsoft's request to delay its anti-trust case while the U.S.
Supreme Court decides whether to take the case. The case will be sent in
a week to a lower federal district court, which will decide how the
company should be penalized for operating as an illegal monopoly.

Prosecutors have eagerly awaited that so-called remedy phase ever since
the appeals court ruled in late June that Microsoft had violated
antitrust laws. That ruling also threw out an order to break up the
company, giving the case to a new judge to decide on sanctions against
the Redmond, Wash., giant.

Microsoft wants the Supreme Court to throw the case out entirely,
arguing that Judge Thomas Penfield Jackson, who presided over the trial,
was biased and unethical for talking to reporters about the case.

In its June 28 ruling, the U.S. Court of Appeals for the District of
Columbia excoriated Jackson for his inappropriate behavior, overturned
his breakup order and removed him from the case. But the court upheld
most of his conclusions on the merits of the case. Microsoft is arguing
to the Supreme Court that the appeals court erred in not throwing out
the case altogether because of Jackson's actions.

In its brief, unanimous order today, the appeals court said, in part,
"Microsoft has failed to demonstrate any substantial harm that would
result from the reactivation of proceedings in the district court."

Reaction from the two sides was predictable. "We are pleased with the
court's decision and look forward to proceedings in the District Court,"
said Justice Department spokeswoman Gina Talamona.

Microsoft spokesman Jim Desler said the company was disappointed with
the ruling, but is ready to proceed.

"While we believed the process was best served through a stay, we were
prepared to move ahead with getting the remaining issues in the case
resolved while we await word on Supreme Court review," he said.

The Associated Press contributed to this report.

Jonathan Krim can be reached at [log in to unmask]





C 2001 The Washington Post Company


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