Microsoft Disputes Delay Assertion

Denying it merely seeks to delay a final decision, Microsoft Corp. again asked the Supreme Court to let a federal appeals court next handle the antitrust fight that threatens to break the computer software giant in two.

Microsoft is seeking to overturn U.S. District Judge Thomas Penfield Jackson’s ruling that it engaged in illegally anticompetitive conduct. The judge in June ordered the company split in two, but he has postponed enforcement of the order pending Microsoft’s appeal.

Federal law let major antitrust disputes to skip the appeals court step and move from a trial court to the Supreme Court if the justices decide to grant direct review. In a July appeal, Microsoft asked the justices not to do so.

In a response filed Aug. 15, Justice Department lawyers said sending the case to the U.S. Circuit Court of Appeals for the District of Columbia “could irreparably harm competition in a vital and rapidly evolving sector of the national economy.”

The Supreme Court’s 2000-2001 term is scheduled to begin Oct. 2. It is unclear whether the justices might announce sometime before that date whether they will grant direct review.