Top judges urged to spurn Microsoft

Prosecution officials spearheading the landmark case against Microsoft have urged Supreme Court judges to rebuff a last-ditch plea from the software giant.

The US Department of Justice has warned judges that accepting Microsoft's call for a hearing would set an unfortunate precedent.

"Granting [the review] now would likely lead to multiple piecemeal requests for review - precisely the result this court's practice... is designed to avoid," the department wrote in a 26-page submission.

"Microsoft's arguments present no issue warranting this court's review.

The firm had given "no satisfactory explanation" of why a hearing was needed, the brief added.

Ongoing battle

Acceptance by the Supreme Court of the department's arguments would dash Microsoft's hopes of avoiding punishment for anti-competitive trade practices.

The firm has fought a long-standing action brought by the department and US states over claims that it is illegally using its market power to squash competition to its Windows operating system and Office applications software.

Microsoft was last year found guilty at a district court of abusing monopoly powers, and ordered by Judge Thomas Penfield Jackson to be broken up.

While the firm in June won a partial reversal of the ruling, after appeals court judges cast doubts over Judge Jackson's impartiality, they upheld findings that Microsoft had improperly monopolised the computer operating system market.

A Supreme Court hearing represents Microsoft's best chance of avoiding further proceedings at the district court, when the firm's penalty will be reconsidered.

DoJ and Microsoft lawyers are set on 21 September to attend a hearing before district judge Colleen Kollar-Kotelly to consider scheduling further proceedings.