Microsoft yesterday lost its attempt to have Judge Colleen
Kollar-Kotelly dismiss the case against it by the nine US states
that do not condone settlement terms agreed among the company, the
Department of Justice and another nine US states.
Microsoft argued that the nine pursuing states lack standing to
seek a remedy in federal court. Judge Kollar-Kotelly disagreed,
saying the fact that the case had been referred to her by the US
Court of Appeals meant that she had, in effect, no authority to
dismiss the case on these grounds.
Microsoft also argued that the US Government’s role in setting
antitrust policy was undermined by the refusal of nine states to
support its proposed settlement. This argument also was
rejected.
Both sides recently filed their final written arguments,
documents which totalled almost 1,100 pages in length. Following
Microsoft’s failure to have the case rejected, closing oral
arguments will be presented on 19th June 2002.
