Close
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Menu
Search
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Latest News

      Microsoft Motion to Dismiss Case Denied

      By
      Caron Carlson
      -
      June 13, 2002
      Share
      Facebook
      Twitter
      Linkedin

        One week prior to final arguments in a case that included nine weeks of witness hearings earlier this spring, the judge in the landmark Microsoft Corp. antitrust remedy proceeding denied the companys request to dismiss the case for lack of standing. The nine states and the District of Columbia pursuing the case welcomed the ruling.

        “The decision confirms the rightful role of State Attorneys General to prosecute antitrust violations,” said Iowa Attorney General Tom Miller in a prepared statement. “Now we can almost see the finish line in this case. We are looking forward to next weeks oral arguments and then the Court deciding how to remedy Microsofts violation of antitrust laws.”

        Microsoft had argued that the states pursuit of strict remedies for its antitrust violations undermined the federal governments effort to achieve a nationwide settlement. The judge had asked for the opinion of the Department of Justice, which opposed the states tough remedy proposal but conceded that they have the right to pursue it. In November, the Justice Department and nine other states agreed to a far less strict settlement proposal with Microsoft.

        While ruling in favor of the non-settling states on Microsofts motion to dismiss, Judge Colleen Kollar-Kotelly remarked that she had taken notice of the Justice Departments policy arguments. “However, given the unique posture of this case, . . . the Court does not regard these arguments as sufficient to justify dismissal of Plaintiffs request for injunctive relief,” Kollar-Kotelly said. “The Court has yet to determine whether these policy considerations will inform the Courts exercise of its equitable powers in devising a remedy in this case.”

        Microsoft took some consolation today in the possibility that the judge will consider the Justice Departments policy arguments later in the proceeding. “While we had hoped for a different outcome on this particular motion, we did raise some important Constitutional and policy issues with the Court,” said Jim Desler, Microsoft spokesman. “The court notes some of these issues may remain relevant in its determination of a remedy.”

        Kollar-Kotelly was frequently blunt in her criticism of Microsofts motion, beginning with an admonition for failing to identify a basis in federal rules for the filing. She noted that some of Microsofts arguments were “vaguely articulated” and, in some cases, presumptuous. “This Court is loathe to presume, as Microsoft does, that the Court of Appeals did not consider the jurisdictional issue of standing,” she wrote in her order.

        Microsoft still has motions pending with the court to dismiss the states case for lack of evidence or to at least dismiss the states proposal for a modular version of Windows, or one in which the operating system is removed from the companys middleware. The judge has not yet ruled on those motions.

        The parties will appear before Kollar-Kotelly June 19 to present their closing arguments, summarizing the nine weeks of hearings and thousands of pages of “findings of fact,” which they filed with the court Monday.

        Related Stories:

        • Witness Hearings End in Microsoft Case
        • Microsoft Asks Judge to Dismiss Suit
        • States Outline Case Against Microsoft

        For more on the Microsoft antitrust case, check out eWs special report, “Microsoft vs. DOJ.”

        Caron Carlson

        MOST POPULAR ARTICLES

        Android

        Samsung Galaxy XCover Pro: Durability for Tough...

        Chris Preimesberger - December 5, 2020 0
        Have you ever dropped your phone, winced and felt the pain as it hit the sidewalk? Either the screen splintered like a windshield being...
        Read more
        Cloud

        Why Data Security Will Face Even Harsher...

        Chris Preimesberger - December 1, 2020 0
        Who would know more about details of the hacking process than an actual former career hacker? And who wants to understand all they can...
        Read more
        Cybersecurity

        How Veritas Is Shining a Light Into...

        eWEEK EDITORS - September 25, 2020 0
        Protecting data has always been one of the most important tasks in all of IT, yet as more companies become data companies at the...
        Read more
        Big Data and Analytics

        How NVIDIA A100 Station Brings Data Center...

        Zeus Kerravala - November 18, 2020 0
        There’s little debate that graphics processor unit manufacturer NVIDIA is the de facto standard when it comes to providing silicon to power machine learning...
        Read more
        Apple

        Why iPhone 12 Pro Makes Sense for...

        Wayne Rash - November 26, 2020 0
        If you’ve been watching the Apple commercials for the past three weeks, you already know what the company thinks will happen if you buy...
        Read more

        eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

        Facebook
        Linkedin
        RSS
        Twitter
        Youtube

        Advertisers

        Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

        Advertise with Us

        Menu

        • About eWeek
        • Subscribe to our Newsletter
        • Latest News

        Our Brands

        • Privacy Policy
        • Terms
        • About
        • Contact
        • Advertise
        • Sitemap
        • California – Do Not Sell My Information

        Property of TechnologyAdvice.
        © 2021 TechnologyAdvice. All Rights Reserved

        Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

        ×