US Government lawyers on have urged a federal appeals court to reject Microsoft’s request to delay the company's antitrust case, saying a stay of proceedings would slow efforts to assure competition in the software industry.
The US Justice Department and 18 states suing Microsoft argued late yesterday that the case should proceed as quickly as possible and dismissed the idea that it should go on hold while the company appeals to the US Supreme Court.
The government brief also noted the upcoming release of Microsoft's new Windows XP operating system, which some critics say will freeze out competitors in the software business.
"Microsoft and other market participants continue to develop and introduce new products," the government's legal brief said. "Because of its monopoly position, Microsoft's products and conduct overhang the market.
The government's filing comes three days after Microsoft asked the Supreme Court to reverse an appeals court ruling that the company abused its monopoly in personal computer operating systems, citing misconduct by a lower-court judge.
In a separate legal filing, Microsoft also asked the US Court of Appeals for the District of Columbia to delay an order that would send the case back to the lower court to determine what remedies should be imposed against the company to prevent future antitrust violations.
The government said Microsoft had "little prospect" of obtaining Supreme Court review, let alone winning reversal of the appeals court's unanimous June 28th ruling.
"The sooner remedial proceedings begin, the sooner a resolution can be crafted to assure competitive conditions and give industry participants the certainty they need to plan or commit resources efficiently," the government filing said.
Barring any delays, the appeals court is scheduled to send the case back to a lower court within days.