Mediator appointed in Microsoft case

By Steve Young
CNNfn

REDMOND, Washington (CNN) -- A spokesman for Microsoft said Friday that expert mediator Eric Green has been appointed to help with settlement talks in the software giant's antitrust battle.

Green is affiliated with Boston University Law School and Resolution LLC.

Federal Judge Colleen Kollar-Kotelly appointed Green after Microsoft and the Justice Department failed to reach a settlement by the end of Friday, a deadline she had previously imposed.

When she issued that order, she also told the two sides to devote every hour to settlement talks. But prosecution sources said the talks were sputtering.

Tuesday, the Supreme Court rejected Microsoft's request that it hear an appeal of the ruling that the firm had violated antitrust laws.

MORE STORIES With a mediator in place, what are the chances of a settlement  in the Microsoft case?

Microsoft wanted the high court to take the case and overturn the finding by the District of Columbia Court of Appeals that the software giant had exercised monopoly power to impede competition.

The appeals court knocked down a trial judge's decision to divide Microsoft into two companies. However, the appeals judges concluded Microsoft had violated antitrust statutes, and sent the case back to a new lower court judge -- Kollar-Kotelly -- to determine a proper remedy for Microsoft's illegal actions.