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Nine States Reject DOJ Settlement in Microsoft Case

Tunney Act invoked to spur public comment By John Virata
Nine of the 18 states that joined the U.S. Government in the lawsuit that found Microsoft guilty of anti-trust violations have decided to continue with their litigation against Microsoft, while nine have agreed to settle. As of Nov. 6, the nine states that will continue their cases against Microsoft include California, Connecticut, Florida, Kansas, Massachusetts, Minnesota, Utah, and West Virginia. The nine states that have agreed with the Department of Justice include Illinois, Kentucky, Louisiana, Maryland, Michigan, New York, North Carolina, Ohio, and Wisconsin.

Trial's Next phase

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 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). The public comments will be accepted for 60 days, then which the DOJ and the other parties to the case will have 30 days to respond. As comments are received within the 60 day period, the case will proceed with state officials that should result in remedies, in which the states have until December 7 to file. Microsoft must respond five days later, on December 12.

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John Virata is senior editor of Digital Media Online. You can email him at [email protected]
Related Keywords:Microsoft, antitrust


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