'No delay' in Microsoft case

The US Government has urged a Federal appeal court to reject Microsoft's call for a delay in its anti-trust case.

Under the circumstances, Microsoft has little prospect of obtaining (Supreme Court) review, let alone winning a reversal

US government

The appeals court was due to send the case to a new judge on Friday to decide what penalty should be handed out, having already ruled that the software giant repeatedly violated anti-trust law.

Microsoft has asked for a delay in proceedings while it waits to hear if the Supreme Court will step in to review the appeal court's decision.

The company denies abusing its monopoly in personal computer operating systems, citing misconduct by a lower-court judge.

'Uneccesary disruption'

However, the US Justice Department said on Friday that any delays would cause unnecessary disruption in the computer market.

"Under the circumstances, Microsoft has little prospect of obtaining (Supreme Court) review, let alone winning a reversal," the government said.

"By contrast, granting a stay would further delay the public's remedy and contribute to uncertainty in the market," it added.

The government was concerned that Microsoft plans to launch a new version of its computer operating system, called Windows XP, in the Autumn.

"Because of its monopoly position, Microsoft's products and conduct overhang the market," the government filing said.

"The sooner remedial proceedings begin, the sooner a resolution can be crafted to assure competitive conditions."

Harsh criticism

The federal appeals court issued a mixed ruling earlier this summer.

It agreed with the trial judge, US District Judge Thomas Penfield Jackson, that Microsoft had broken the law in some areas.

But the appeals judges threw out Judge Jackson's ruling that Microsoft should be broken into two companies and it removed the judge from the case.

The court also harshly criticised his comments to reporters, in which he compared Microsoft founder Bill Gates to Napoleon and the company to a drug-dealing street gang.

Recess

The software company was pleased with the order reversing the break-up.

But on Tuesday it filed its appeal addressing the alleged antitrust violations.

Microsoft asked the Supreme Court to declare Judge Jackson's findings invalid because of the way the judge conducted himself.

Microsoft argued that Judge Jackson should have been thrown off the case early on, before he issue the monopoly ruling.

The appeals court is scheduled to send the case back to a lower court within days to decide on a penalty.

The Supreme Court is in recess, and would not be likely to consider Microsoft's appeal until October at the earliest.