To: Charles Tutt who wrote (23956 ) 5/24/2000 3:59:00 PM From: Harvey Allen Read Replies (3) | Respond to 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