dictionary

U.S. seeks fast Microsoft appeal schedule

	LEGAL RESOURCES
Latest Legal News
Law Library
FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

WASHINGTON (Reuters) -- The Justice Department Tuesday asked the U.S. court of appeals to move on a fast track for written arguments in Microsoft Corp.'s appeal of antitrust violations, arguing it was "essential" for a "critical sector" of the economy.

The government asked for a process that would be completed before year's end, less than half the time and with briefs half the length sought by Microsoft.

The Justice Department asked for oral arguments in January, as the current administration is winding down. But even with a quick schedule oral arguments might take place after a new president is inaugurated January 20.

In June, a lower court judge ordered the company split in two after finding it competed unfairly to protect a monopoly in its Windows operating system. The judge also ordered other remedies, but stayed them until all appeals are completed.

"Because the District Court stayed implementation of the judgment in its entirety pending appeal, at Microsoft's request and over plaintiff's objections, it is essential for effective antitrust law enforcement in a critical sector of the nation's economy that the appeal be concluded expeditiously," the Justice Department argued.

In a statement, Microsoft replied that its scheduled would "allow for a prompt and efficient process to consider the appeal. We are confident of our case on appeal and look forward to the court of appeals instruction on the schedule and length of briefs."

Microsoft has until October 10 to reply, after which the court will set the dates. The Justice Department noted that it had made its filing two days ahead of the deadline and said, "Microsoft should be similarly able to expedite its reply."

Last week, the Supreme Court turned down a direct appeal of the case, rejecting a Justice Department argument that quick action was needed because technology evolves so swiftly. Instead, the high court sent down the case to seven judges on the U.S. Court of Appeals.

Justice asked that the Court of Appeals direct Microsoft to file a 24,000-word brief by November 1.

The federal government would reply at equal length on December 8, and on the same day states involved in the case would be allowed a 7,000-word brief. Microsoft would reply on December 22 at 7,000 words.

Microsoft told the appeals court Monday the two sides should take five months to exchange filings in the case, and said the initial briefs from both sides should be a hefty 56,000 words, with the company's final reply at 28,000 words.

The government called that "excessive" and argued it would lead to delay.

"This is an appeal, not a retrial," said the government.

If the appeals court acts immediately and if it accepts the company's proposal, the government would not file until early February, well after a new president was inaugurated.

Microsoft said the "monumental" case made the extra wordage necessary.

"Parties normally are allotted 14,000 words for principal briefs and 7,000 words for reply briefs," the company said. "Those word limits are insufficient for a case of this magnitude and complexity, in which Microsoft's very corporate survival is at stake."

Copyright 2000 Reuters. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

See related sites about LAW

Note: Pages will open in a new browser window

External sites are not endorsed by CNN Interactive.