Microsoft pleads with Supreme Court

Microsoft wants to avoid the US Supreme Court - at least for now

Software giant Microsoft has asked the US Supreme Court to send the anti-trust case against the company back to a lower appeals court.

The firm argues that the appeal raises "a morass of procedural and substantive issues" that require a "painstaking review" of the original trial.

In June, Microsoft was found guilty of abusing its monopoly power in the market for PC operating software and uncompetitive behaviour in its fight against browser software rival Netscape.

Judge Thomas Penfield Jackson ruled that the company should be split in two, but delayed any punishment until after the appeals process was over.

The importance of these cases will not lie in how quickly they are resolved but in their long-term effects on consumers and this nation's economy

Microsoft

Since then the US Department of Justice and Microsoft have been quarrelling over whether the appeal should go on a fast-track straight to the Supreme Court.

Judge Jackson and the Justice Department want a fast final ruling, so that "remedies" against Microsoft can be introduced quickly.

Microsoft, however, wants to voice its arguments in a Federal Appeals Court, which has ruled in favour of the company in a similar case before.

In its 30-page legal brief, accompanied by a 312-page appendix, the company argues that "the importance of these cases will not lie in how quickly they are resolved but in their long-term effects on consumers and this nation's economy".

Microsoft also complained about the behaviour of Judge Jackson after the trial.

The judge had given media interviews, which according to Microsoft raise a "serious question" about his "impartiality".

The Supreme Court is not expected to make a decision before September at the earliest.