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Speed urged in Microsoft appeal
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October 3, 2000: 12:00 a.m. ET
Justice Department asks appeals court to quicken pace in antitrust case appeal
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NEW YORK (CNNfn) - The U.S. Justice Department on Tuesday urged a federal court to quicken the pace of Microsoft Corp.'s antitrust case appeal, one day after the software maker asked for five months to hand over legal briefs.
The Justice Department called Microsoft's proposal -- which requests that each side be given 60 days to file principal briefs and that the company be given 30 days to file a reply brief - "excessive."
"Because the district court stayed implementation of the judgment in its entirety pending appeal, at Microsoft's request and over plaintiffs' 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 agency said in its response to the U.S. District Court of Appeals for the District of Columbia.
 The Justice Department -- filing two days before its own deadline -- asked for a process that would last until Dec. 22, with briefs at less than half the length sought by the company. Microsoft has until Oct. 10 to reply.
On April 3, District Judge Thomas Penfield Jackson concluded that Microsoft had violated federal antitrust law by maintaining its near monopoly over personal computer operating systems by anticompetitive means and by attempting to monopolize the Web browser market. He also found that the software maker violated federal antitrust law by tying its Web browser to its operating system when it released Windows 98.
Last June, Jackson issued a final order requiring Microsoft (MSFT: Research, Estimates) to separate its Windows operating system business from its applications business and bars the company from engaging in practices that the court found led to the antitrust law violations. However, Jackson's order doesn't go into effect until Microsoft has exhausted its appeals.
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 swiftly. Instead, the high court sent the case to seven judges on the U.S. Court of Appeals.
The Justice Department asked that Microsoft file a 24,000 word brief by Nov. 1. The federal government would reply at equal length on Dec. 8 and on the same day states involved in the case would be allowed a 7,000-word brief. Microsoft would reply on Dec. 22 at 7,000 words.
Microsoft told the appeals court Monday the initial briefs should be a hefty 56,000 words, with its final reply at 28,000 words.
Shares of Microsoft closed Tuesday at $56.56, down $2.56. 
--from staff and wire reports.
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