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Microsoft Corp.

Microsoft Denies Request for Stay in Antitrust Case

Strategic Insights

— 1 min read

Federal Judge Thomas Penfield Jackson has rejected Microsoft's request to stay the court's ruling on conduct remedies in the company's antitrust case. Microsoft had filed a motion to stay all provisions of the judgment pending appeal, but the Justice Department argued that it was premature and lacked the necessary showings. In a terse counterfiling, Microsoft attorneys claimed that the government's request was motivated by a tactical advantage, rather than a need for additional time. The case now appears to be moving closer to the Supreme Court, with the Justice Department and 17 states seeking to expedite the case directly to the highest court in the land.

Key Takeaways:

  • Judge Thomas Penfield Jackson has denied Microsoft's request for a stay in the antitrust case, citing the company's failure to meet the necessary showings.
  • The Justice Department argued that Microsoft's filing was premature and lacked the necessary justification for a stay.
  • Microsoft attorneys claimed that the government's request was motivated by a tactical advantage, rather than a need for additional time.
  • The company is now required to file an official appeal before Jackson can rule on forwarding the case to the Supreme Court.
  • The Justice Department and 17 states are seeking to expedite the case to the Supreme Court, which would allow them to bypass the appeals courts.
  • Microsoft's breakup plan requires the company to submit a divestiture plan within four months, with the Justice Department having 60 days to respond and Microsoft receiving an additional 30 days to file a rebuttal.

Statistics:

  • The Justice Department has 60 days to respond to Microsoft's divestiture plan.
  • Microsoft has 30 days to file a rebuttal to the Justice Department's response.
  • The company has four months to submit a divestiture plan to carve itself up into two separate entities.

Sources:

  • http://www.usdoj.gov
  • http://www.dcd.uscourts.gov
  • http://www.microsoft.com
  • Reported by Newsbytes, http://www.newsbytes.com

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