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MSFT against expedited case
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July 20, 2001: 4:16 p.m. ET
Software giant opposes DOJ request for expedited hearing, wants rehearing
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NEW YORK (CNNfn) - Microsoft Corp. has formally opposed the U.S. Department of Justice's request that a federal appeals court speed up the return of its antitrust case back to a lower court for further review.
The software maker, which earlier this week asked the appeals court to re-examine some of its findings in the case, asked the court Friday to deny the Justice Department's request that the case be immediately returned to a lower court for further review.
On June 28, the U.S. Court of Appeals for the District of Columbia overturned a lower court's ruling that Microsoft be broken into two companies as a remedy for anti-competitive practices, and remanded other parts of the judge's decision back to the U.S. District Court in Washington for consideration by a different judge.
While the appeals court overturned the breakup order, it left open the question of whether Microsoft acted illegally when it tied its Web browser to its dominant Windows operating system, ordering the lower court to reexamine that issue.
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Click here for CNNfn.com's special report: Microsoft on trial | |
On Wednesday, Microsoft, which has expressed a clear desire to settle the case, asked the appeals court for a rehearing on that issue, which was key to the government's case. Legal experts have interpreted that move as a signal that Microsoft may be considering asking the United States Supreme Court to review the case.
Late last week, the Justice Department -- which said it does not intend to seek a rehearing before the appeals court or a Supreme Court review of the case, asked the appeals court to expedite the delivery of the case back to the lower court.
Under the current time frame established by the appeals court, the case will not be returned to the U.S. District Court in Washington until Aug. 12, giving the two sides the opportunity to file additional legal motions and prepare for the next phase of the four-year-old case.
In a brief motion it filed with the appeals court Friday afternoon, Microsoft asked the court to deny the Justice Department's motion for and immediate review.
Instead, the company said it wants the appeals court first to address the company's request for a rehearing of its conclusion that Microsoft illegally "commingled" computer code of its Internet Explorer browser and the Windows operating system.
The company also said it is still considering whether to seek Supreme Court review, and if it does, will file within seven days of its disposition of its request for a rehearing.
Separately, the Justice Department on Friday said Philip S. Beck will be the lead trial counsel for the Microsoft case.
Beck will join the antitrust division's staff, including M.J. Moltenbrey, a senior official, and Phillip R. Malone, the senior trial attorney who has been leading the division's career staff in the prosecution of the case to this point.
Beck, a founding partner at Bartlit Beck Herman Palenchar & Scott, will be begin his Justice Department duties on Monday.
He replaces Davis Boies who led the Justice Department's Microsoft team under the Clinton Administration. 
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