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DOJ seeks swift action on MSFT
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July 13, 2001: 5:08 p.m. ET
Justice asks to expedite mandate; won't seek Supreme Court review
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NEW YORK (CNNfn) - The U.S. Justice Department on Friday asked a federal appeals court to expedite the delivery of the Microsoft antitrust case back to a lower court for further review.
The Justice Department does not intend to seek a rehearing before the Court of Appeals or to seek Supreme Court review of the case at this stage.
In papers filed with the U.S. Court of Appeals for the District of Columbia -- which on June 28 overturned a lower court's ruling that Microsoft be broken into two companies as a remedy for anti-competitive practices and remanded other parts of the judge's decision back to the lower court for consideration by a different judge – the Justice Department asked that the case be sent back to the lower court more quickly than allowed for in the current schedule.
Under the current time frame established by the appeals court, the case will not be returned to the U.S. District Court in Washington until Aug. 12, giving the two sides the opportunity to file additional legal motions or even take the appeals court decision to the U.S. Supreme Court.
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But in the five-page court document, the Justice Department argues that the lower court should take up the case more quickly "in light of the exceptional importance of this case and the strong public interest in prompt entry of a decree providing an effective remedy for Microsoft's illegal conduct."
Although the appeals court rejected the order that it be split into two companies, it upheld the lower court's conclusion that Microsoft has a monopoly in the market for computer operating systems and maintained that monopoly power by anticompetitive means that violated U.S. antitrust laws.
Among the issues the appeals court ordered a new district court judge to re-examine is whether Microsoft illegally quashed competition by tying its Internet Explorer Web browser into the Windows operating system.
The court filing also says that none of the 19 states which joined in the antitrust suit intended to seek a rehearing or a Supreme Court review either.
The filing comes as Microsoft has been showing an increased willingness to settle the case out of court.
On Wednesday, Microsoft, which has expressed its desire for a negotiated settlement since the appeals court handed down its decision, extended an olive branch to its foes when it agreed to give PC manufacturers more flexibility in configuring desktop versions of its Windows operating system, including allowing them to remove its Internet Explorer Web browser.
Just yesterday, officials in New Mexico, one of the 19 states that had joined the case, officials said they will no longer pursue the antitrust charges against the software maker. Microsoft has agreed to pay that state's attorney fees and other costs related to the case.
As part of the settlement, New Mexico Attorney General Patricia Madrid said in a statement her state will still share in the final result of the four-year antitrust lawsuit, led by the U.S Department of Justice.
The Justice Department has not yet stated its position on the idea of a settlement.
Microsoft said it remains in favor of a settlement and is interested in a swift resolution to the now four-year-old case.
"It is our goal to try to get the remaining issues in this case resolved as quickly as possible," Microsoft spokesman Jim Desler said.
"We are reviewing this motion. We continue to review all of the rulings by the court of appeals because it is a long and complex one. We intend to move forward promptly," Desler added.
Microsoft shares fell 26 cents to $71.34 on Nasdaq Friday. 
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