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Microsoft Antitrust Hearing Delay Request Denied

By John Virata
United States District Court Judge Colleen Kollar-Kotelly rejected a request by Microsoft Corp. to delay hearings on what penalties should be imposed against the Redmond, Washington-based software company for violating U.S. antitrust law. The hearings are expected to begin as scheduled on March 11.

Microsoft wanted to delay the hearings by 120 days, claiming that the nine states who have rejected the government's initial remedies to the landmark case, wish to expand the level of sanctions that the other nine states had accepted. The company also charged in its delay request that it was having difficulty in getting documents from the remaining nine states that are what the company said was important to the case.

"The schedule is still workable and I'm expecting the parties to adhere to it," Judge Colleen Kollar-Kotelly said today in court. She went on to say that the proposals of the dissenting states were still within the realm of what the case is about.
Another hearing is scheduled in February to review progress in the case.
The nine non-settling states are poised to pursue more broad remedies to the case, claiming that Microsoft had plenty of warning.

The nine dissenting states include California, Connecticut, Florida, Kansas, Massachusetts, Minnesota, Utah, and West Virginia. The nine states that have agreed with the Department of Justice to settle include Illinois, Kentucky, Louisiana, Maryland, Michigan, New York, North Carolina, Ohio, and Wisconsin.

U.S. District Court Judge Colleen Kollar-Kotelly, who will decide what penalties, if any, is meted out to Microsoft, will now conduct two separate proceedings, the first which is scheduled to begin March 11, to gather public comments and calculate whether any settlement benefits the public interest. The comment proceedings will begin once a final settlement agreement is published in the Federal Register (a daily, legal newspaper published by the National Archives and Records Administration that contains federal agency regulations, proposed rules, and notices, and executive orders, proclamations, and other Presidential documents).

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John Virata is senior editor of Digital Media Online. You can email him at
Related Keywords:antitrust, remedies, operating system, Tunney Act


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