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To: 2MAR$ who wrote (17207)9/20/2001 10:28:00 AM
From: 2MAR$  Respond to of 208838
 
DJN: =DJ Microsoft, DOJ -2: Microsoft Argues Remedy Not Justified


By Mark Wigfield
Of DOW JONES NEWSWIRES

WASHINGTON (Dow Jones)--The remedies sought by the Justice Department in its
antitrust case against Microsoft Corp. (MSFT) "are improper because
Microsoft believes that they are outside the scope of the issues in the case
and the evidence presented at trial," the software giant said in a brief
filed with the U.S. District Court of the District of Columbia Thursday.
But the Justice Department said reining in Microsoft's conduct is essential
to "unfetter the market from Microsoft's anticompetitive conduct," it said
in the brief. The remedies will ensure "that there remain no practices
likely to result in monopolization in the future."
The comments came in a joint brief filed by the two parties as a prelude to
the next phase of the three-year-old Microsoft antitrust case. The U.S.
Court of Appeals in June sent the case back to the U.S. Court of Appeals
after upholding one of three counts against the company: that it used
anticompetitive means to illegally maintain its monopoly in the market for
operating system software.
The Appeals Court ordered a new judge to craft a remedy after vacating the
break-up order originally issued last year by District Court Judge Thomas
Penfield Jackson, who was removed from the case. The two parties will meet
with the new judge, Colleen Kollar-Kotelly, next Friday.

(MORE) DOW JONES NEWS 09-20-01
10:22 AM
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