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Microsoft asks for review
August 22, 2000: 11:10 a.m. ET

Firm urges Supreme Court to allow lower court to hear antitrust appeal
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NEW YORK (CNNfn) - Microsoft Corp. Tuesday urged the U.S. Supreme Court to let its appeal of antitrust violations be heard by a lower appeals court first, saying the need for a thorough review of the case is more important than resolving it quickly.

The filing was in response to one made by the U.S. Justice Department last week that urged the court to consider the appeal on an expedited basis rather than have it heard first by the lower appeals court because of the case's importance to the U.S. economy.

"The benefits of comprehensive review by the court of appeals far outweigh whatever time, if any, might be saved by direct review in this Court," Microsoft (MSFT: Research, Estimates) said in the filing. "The need for soundness in the result outweighs the need for speed in reaching it."

District court Judge Thomas Penfield Jackson found in June that Microsoft broke antitrust law by using its monopoly hold on the Windows personal computer operating system to stifle competition, and ordered the company split in two to prevent further violations.

Jackson also asked the Supreme Court to hear Microsoft's appeal directly, bypassing the U.S. Court of Appeals, which has ruled in Microsoft's favor in the past. Last month, in its first response to Jackson's move, Microsoft said the lower court should handle the case, arguing there was a "morass" of issues the high court should avoid.

"Appellees cannot deny that resolution of Microsoft's appeals will entail a thorough review of a complex factual record. Allowing the court of appeals to conduct that review will aid immeasurably this Court's consideration of the case and may eliminate the need for this Court to ever intervene," Microsoft said in Tuesday's filing. Back to top

-- from staff and wire reports


Justice Department urges Supreme Court to review Microsoft case - Aug. 15, 2000