Out-Law / Your Daily Need-To-Know

Microsoft yesterday asked Judge Thomas Penfield Jackson for a four day period to respond to the US Justice Department’s petition to the Supreme Court which seeks to by-pass an appeal hearing in the District of Columbia Court of Appeals. The Court of Appeals overturned a previous ruling against Microsoft in June 1998.

The Court of Appeals has already agreed to hear the case, unusually before all its judges instead of the normal panel of three. It issued a statement saying that any proceedings would be fast-tracked if it gets the case.

Microsoft said in a statement that this “clearly shows that the court is prepared to move expeditiously, which is in the best interests of all parties... Given the vast array of factual, legal and procedural errors with the District Court’s decision, we believe the Court of Appeals is the proper venue.”

The Supreme Court still has to decide whether it wants to hear the case or not if Judge Jackson takes heed of the government’s formal request to send it there.

Microsoft now has less than 90 days before restrictions on its corporate behaviour are due to go into effect, although the break-up will be postponed until the appeals process is exhausted.

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