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To: clochard who wrote (172392)6/13/2002 2:21:01 AM
From: maceng2  Read Replies (1) | Respond to of 436258
 
Yes...don't let the criminals win!!! -g-

Microsoft motion to dismiss state claims in antitrust case denied by US judge

US District Judge Colleen Kollar-Kotelly refused to throw out the claims against Microsoft Corp made by the nine states and the District of Columbia who are seeking stricter sanctions than the settlement the company made with the Justice Department.

"The Court concludes that Microsoft's motion is without merit and must be denied," Kollar-Kotelly wrote in a 35-page opinion on Microsoft's request that the entire case be thrown out.

Microsoft had argued that the state attorney generals did not have the legal authority to prosecute antitrust violations.

The states welcomed her decision to allow them to make their case before Kollar-Kotelly, who has has set June 19 for closing oral arguments from both sides.

"We are looking forward to next week's oral arguments and then the Court deciding how to remedy Microsoft's violation of antitrust laws," said Iowa Attorney General Tom Miller.

Late last year, Microsoft and the Justice Department agreed to settle their four year-old antitrust dispute, which found that the software company illegally maintained its operating system monopoly.

Only half of the 18 states that were suing the company alongside DoJ signed that deal, which cannot become law until Kollar-Kotelly signs it. The coalition of attorneys general from around the country that did not sign the deal are pushing her to throw it out and impose a stricter remedy.

States that rejected the government's settlement with Microsoft and have continued to pursue the antitrust case are California, Connecticut, Florida, Iowa, Kansas, Massachusetts, Minnesota, Utah and West Virginia, along with the District of Columbia.

© AFX News

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