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To: Charles Tutt who wrote (23956)5/24/2000 3:59:00 PM
From: Harvey Allen  Read Replies (3) of 24154
 
Court Shocker: Judge Caps Microsoft Proceedings

(05/24/00, 3:37 p.m. ET) TechWeb News

In a dramatic topper to what have been
sometimes tedious proceedings, a federal court
judge said the Microsoft antitrust trial will end.
And soon.

"I contemplate no further process," U.S.
District Judge Thomas Penfield Jackson told a
shocked courtroom Wednesday afternoon.

Jackson then asked the U.S. Department of
Justice lawyers how fast they could get a clean
copy of their proposed remedies to him. They
said they could do so by Friday.

At that point, Microsoft (stock: MSFT) will
have 48 hours to respond.

This is a far cry from what Microsoft had
wanted or even expected, observers said.
Microsoft lawyers had asked the judge in vain
to dismiss the long-running case. They then
asked for additional time to respond to
remedies put forward by the Department of
Justice and 17 state attorneys general. And
that request has apparently likewise gone by
the boards.

"It was clear the judge had had enough of
Microsoft," one trial observer said. "He
accused them of stalling, and appeared
irritated that they were now asking for more
time in his courtroom when all they had done
is complain about him and his courtroom all
along."

In response to an earlier ruling, Microsoft
proposed its own set of more circumscribed
remedies for its violations. But the company
vociferously opposed the government's
request that it split itself into an applications
and an operating systems company.

Microsoft attorneys and executives have long
maintained they expect to prevail on appeal.
Lead Microsoft attorney John Warden said he
expects Microsoft will respond Tuesday
morning, since Monday is a holiday."It is clear
that the judge is going to enter an order
relatively quickly and then we'll be in the
appelate process."

Robert Lande, antitrust law professor at the
University of Baltimore said it is apparent the
judge is seriously considering the
government's proposal although "whether he
will go for breakup, we don't know."

But the apparent haste could benefit Microsoft
long term. It gives Microsoft a "serious issue
for appeal....especially if the judge orders a
breakup," Lande added.

Microsoft apparently agrees. "Due process
mandates due process and not a rush to
judgement," Warden said earlier Wednesday.

techweb.com
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