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Justice department decides against filing in Microsoft appeal
Washington, May 28: The justice department has decided not to participate in the continuing legal fight involving two states that refused to settle antitrust claims against Microsoft Corp., possibly strengthening the appeals case by the holdout states.
Washington, May 28: The justice department has
decided not to participate in the continuing legal fight
involving two states that refused to settle antitrust claims
against Microsoft Corp., possibly strengthening the appeals
case by the holdout states.
The justice department notified the U.S. Circuit court of
appeals in Washington on May 21 that it will not file a brief
in the case. The government earlier had indicated it might
actively defend the landmark settlement it reached with
Microsoft and 17 other states.
The decision means Massachusetts and West Virginia, which
are seeking tougher sanctions against Microsoft, won't have to
directly fight the U.S. government while they're battling the
software giant in the courtroom.
Last week, the prospective head of the antitrust division
promised the senate that the justice department will watch
Microsoft carefully for any violations of the settlement.
``We understand the need to be vigilant in making sure
that the settlement is carried out,'' said R. Hewitt Pate,
President George W. Bush's nominee to be assistant U.S.
Attorney general. He also pledged to meet regularly with
industry executives who might have concerns about Microsoft's
conduct.
``If I am confirmed, we will continue to welcome input from those who think there are matters that need to be addressed,'' Pate said.
"And I can assure you if we find anti-competitive conduct, we will take appropriate action to stop it.''
Massachusetts and West Virginia want the appeals court to instruct the trial judge, Colleen Kollar-Kotelly, to impose tougher penalties against Microsoft than those included in the settlement.
Bureau Report
``If I am confirmed, we will continue to welcome input from those who think there are matters that need to be addressed,'' Pate said.
"And I can assure you if we find anti-competitive conduct, we will take appropriate action to stop it.''
Massachusetts and West Virginia want the appeals court to instruct the trial judge, Colleen Kollar-Kotelly, to impose tougher penalties against Microsoft than those included in the settlement.
Bureau Report