To: thesilenttype who wrote (28257 ) 9/20/2001 4:20:50 PM From: James Calladine Respond to of 30051 MSFT--WOULD THIS RELATE? <<<Microsoft, Justice Department refuse mediator in settlement efforts WASHINGTON, Sep 20, 2001 (AP WorldStream via COMTEX) -- Microsoft and the
Justice Department told the new judge in their antitrust case Thursday that they
want to stick with private settlement talks and do not need a mediator. Analysts
said a settlement could be important to the flagging economy. The computer industry has continued its decline despite the imminent release of
a major update to Microsoft's flagship Windows operating system. Like the stock market overall, Microsoft's stock dropped Thursday afternoon, to
dlrs 51.35 per share, a decline of dlrs 2.52. The jointly filed status report was the first substantive discussion by the
software giant and the government with U.S. District Judge Colleen Kollar-Kotelly. Microsoft and the Justice Department "will continue to seek settlement of this
matter through private discussions, which are ongoing and should continue
simultaneously with proceedings addressed to remedy," the report said. The previous trial court judge in the case, Thomas Penfield Jackson, forced the
government and Microsoft into four-month settlement talks and eventually named
an appeals judge as a mediator. Those talks collapsed, and both sides made clear
they would prefer to avoid a mediator now. "The parties believe that further alternative dispute resolution procedures
would be unproductive at this time," they wrote. Kollar-Kotelly was appointed to the case after a unanimous appeals court threw
out Jackson's order to break the company in two. The same appeals court upheld
many of Jackson's other findings, however, including that Microsoft operated an
illegal monopoly that hurt competition. Jackson was removed from the case after attacking Microsoft and its executives
in media interviews. While government prosecutors and Microsoft lawyers have met, lawyers close to
the talks have said there has been no significant progress. Rob Enderle, a business analyst with Giga Information Group, said the antitrust
case and the unclear status of the upcoming Windows XP operating system
"provides one more reason (for customers) not to purchase." Enderle said both sides would be helped if they were no longer distracted by the
case. "Given the current environment, it's probably important that the Department of
Justice focuses on a different class of threat for a while," he said, referring
to the terrorism investigation. "They need every resource they've got for the
current crisis." The Bush Justice Department has been slowly backing away from the Clinton
administration's hard line. Earlier this month, prosecutors abandoned efforts to
divide Microsoft. Instead, the government wants restrictions on Microsoft's business practices
that would restore competition to the market and penalize Microsoft for previous
violations. The Justice Department wants both sides to offer their proposed penalties by
Nov. 9 at the latest, and have a hearing in early February. The hearing will resemble a trial, including witnesses and evidence. Kollar-Kotelly will decide on a schedule at a hearing Sept. 28. By D. IAN HOPPER
AP Technology Writer>>> Namaste! Jim