RealTime IT News

New Microsoft Judge Sets Date for Arguments

Judge Colleen Kollar-Kotelly, of the U.S. Circuit Court for the District of Columbia, who has taken charge of the government's antitrust case against Microsoft Corp., Wednesday ordered the parties present their remedy arguments by Sept. 14. She has scheduled a meeting on the case's status for Sept. 21.

Judge Kollar-Kotelly took over the case following a ruling by the U.S. Court of Appeals for the District of Columbia which invalidated Judge Thomas Penfield Jackson's order that the company be split in two as a remedy for acting as an illegal monopoly. The order was the result of a finding that Judge Jackson had acted improperly during the trial by giving interviews to reporters in which he spoke badly of the company.

However, the court upheld Judge Jackson's finding that the company had acted illegally, and affirmed that decision in August when it declined a request by the software maker to reconsider its decision that the company acted illegally in "commingling" the Windows operating system with its Internet Explorer browser.

The court ordered that the case be returned to the circuit court, under a different judge, to revisit the remedy phase of the trial, despite Microsoft's request that it delay returning the case to the lower court until the U.S. Supreme Court decides whether to hear an appeal arguing that Judge Jackson's finding should be thrown out along with his proposed remedy.

The case was brought against Microsoft by the U.S. Department of Justice and 18 states.