Kollar-Kotelly orders hearing

By Peter Galli  |  Posted 2002-01-02 Print this article Print

Washington District Court Judge Colleen Kollar-Kotelly on Wednesday ordered Microsoft Corp. and the nine dissenting states in the antitrust case against the company to appear for a hearing next Monday.

Washington District Court Judge Colleen Kollar-Kotelly on Wednesday ordered Microsoft Corp. and the nine dissenting states in the antitrust case against the company to appear for a hearing next Monday. This order follows a flurry of filings over the past two weeks, with the Redmond, Wash., software maker asking Kollar-Kotelly to delay the matter by four months and the nine dissenting states immediately rejecting any delay.
Microsoft said in its recent memorandum that "the Court should extend the current schedule by at least four months … and also respectfully requests an oral hearing on its motion."
It said the delay was necessary as the non-settling states "freely acknowledge that their remedy proposals "are fundamentally different than the remedy proposals embodied in the DOJ settlement." The non-settling states acknowledged that their proposed remedies were broader in scope than the conduct provisions of the prior judgment, despite the fact that the Court of Appeals drastically altered the scope of Microsofts liability. The non-settling states further suggested that the Court should hold the evidentiary hearing on their claims for relief "before it reaches any conclusion about whether the proposed final judgment passed statutory muster under the Tunney Act. "In other words, the non-settling States now appear to request that the Court delay the completion of Track I so that Track I can be overtaken by Track II. On November 6, 2001, the Court told the parties that after giving the matter much thought, it had concluded that its review of the proposed final judgment will go forward first under the Tunney Act," Microsoft said. But the nine dissenting states responded by saying it had now been more than three years since the commencement of the liability trial, which ultimately resulted in the en banc Court of Appeals finding Microsoft liable for unlawful monopolization. "As the Court of Appeals noted, it has been over six years since Microsoft first began its extensive illegal campaign, and six years seems like an eternity in the computer industry. It is no surprise that Microsoft would like to continue to delay the proceeding that most threatens to deprive it of the ability to engage in the practices condemned as unlawful by the Court of Appeals," they said. The Courts existing Scheduling Order remained the best path to the prompt imposition of a remedy that would prevent further harm to competition and consumers, the states said in their response. Iowa Attorney General Tom Miller, the leader of the nine States and the District of Columbia that are pursuing the antitrust case against Microsoft Corp, also said in a statement that "the States will be ready to proceed, and Microsoft can be ready, too. We have proposed reasonable remedies and the judge has set a reasonable schedule. Lets get on to the conclusion of this case so we can prevent further harm to competition and consumers."
Peter Galli has been a financial/technology reporter for 12 years at leading publications in South Africa, the UK and the US. He has been Investment Editor of South Africa's Business Day Newspaper, the sister publication of the Financial Times of London.

He was also Group Financial Communications Manager for First National Bank, the second largest banking group in South Africa before moving on to become Executive News Editor of Business Report, the largest daily financial newspaper in South Africa, owned by the global Independent Newspapers group.

He was responsible for a national reporting team of 20 based in four bureaus. He also edited and contributed to its weekly technology page, and launched a financial and technology radio service supplying daily news bulletins to the national broadcaster, the South African Broadcasting Corporation, which were then distributed to some 50 radio stations across the country.

He was then transferred to San Francisco as Business Report's U.S. Correspondent to cover Silicon Valley, trade and finance between the US, Europe and emerging markets like South Africa. After serving that role for more than two years, he joined eWeek as a Senior Editor, covering software platforms in August 2000.

He has comprehensively covered Microsoft and its Windows and .Net platforms, as well as the many legal challenges it has faced. He has also focused on Sun Microsystems and its Solaris operating environment, Java and Unix offerings. He covers developments in the open source community, particularly around the Linux kernel and the effects it will have on the enterprise.

He has written extensively about new products for the Linux and Unix platforms, the development of open standards and critically looked at the potential Linux has to offer an alternative operating system and platform to Windows, .Net and Unix-based solutions like Solaris.

His interviews with senior industry executives include Microsoft CEO Steve Ballmer, Linus Torvalds, the original developer of the Linux operating system, Sun CEO Scot McNealy, and Bill Zeitler, a senior vice president at IBM.

For numerous examples of his writing you can search under his name at the eWEEK Website at www.eweek.com.


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