Microsoft yesterday submitted a brief to the Supreme Court
asking for its anti-trust case to be sent back to a federal appeals
court instead of proceeding straight to the higher court. The
Justice Department, which is in favour of a Supreme Court hearing,
is expected to respond to Microsoft’s latest move by 14th
August.
In justifying its request, Microsoft made reference to the number
of errors made in the trial court which concluded that the company
should be split into two separate entities. The division was
suspended pending the appeal court decision.
Microsoft explained its view of the issue, stating:
“The severity of the remedy imposed and the
significance of the case to the nation’s economy make it more
important – not less – that these appeals proceed through
intermediate appellate review in the normal course.”
US federal law provides that large anti-trust cases can bypass
the appeals court and proceed directly to the Supreme Court.
However, Microsoft argues that an appeal court’s powers would
enable it to look at all aspects of the case in greater depth than
the Supreme Court could.
The final decision as to the court in which the next stage of
the case will be heard is expected to be taken by nine justices of
the Supreme Court no earlier than September.
