WASHINGTON -- The District of Columbia and the 18 states involved in the
antitrust suit against Microsoft Corp. asked the U.S. Supreme Court on Friday
not to hear the software company's appeal of a lower court opinion in the case.
"We believe that Microsoft's attempt to further delay an appropriate remedy
continues to undermine the public's interest in competition," New York Attorney
General Eliot Spitzer said in a statement. "With each succeeding version of
Windows being introduced, Microsoft's products continue its monopolist position
in the market and further limit consumer choice."
The filing was expected and follows an earlier brief filed by the Justice
Department, the states' partner in the suit.
Microsoft on Aug. 7 appealed a ruling by the U.S. Court of Appeals upholding a
substantial portion of U.S. District Judge Thomas Penfield Jackson's finding
that Microsoft is a predatory monopoly. The court also sent the case back to a
new district court judge to craft a remedy.
Microsoft (MSFT) said Judge Jackson's entire legal findings and conclusions
should be thrown out because he was biased and failed to follow correct
procedures. However, because the appeals court opinion was unanimous, legal
observers believe that Supreme Court review is unlikely.
The Supreme Court could decide sometime in October whether to hear the case.
Meanwhile, District Court Judge Colleen Kollar-Kotelly has told the government
and Microsoft to submit briefs in the remand of the case by next Friday.
Earlier this week, the Justice Department announced it won't pursue a breakup
of Microsoft when the penalty phase of the case resumes later this month and
that it is dropping claims that Microsoft illegally bundled its Internet
Explorer browser software with its Windows operating system. A Justice
Department official said the decision was an attempt to mount an effective
strategy of litigation with the intention of providing quick relief to consumers
by curbing anticompetitive conduct.
