Microsoft Corp said it may appeal its antitrust case to the US Supreme Court, a maneuver that might delay restrictions of its business practices until after the Oct. 25 release of the next version of Windows software.
Microsoft outlined its possible legal strategy in the wake of a unanimous appeals court ruling that the company illegally protected its Windows monopoly. The court overturned a breakup order and directed a trial judge to weigh new remedies.
The US Justice Department and 18 states want to put the dispute on a fast track. They want the case immediately returned to a trial judge to curb Microsoft's anticompetitive behavior.
"It's in Microsoft's interest to seek Supreme Court review, if for no other reason to delay the beginning of the relief proceedings, hopefully until after they launch their new product," said Mark Schechter, a Washington antitrust attorney.
Microsoft said in today's filing with the appeals court that, if it seeks high court review, it will also ask for a delay in trial court hearings on remedies sought by the government.
If the Supreme Court takes the case and a hearing on remedies is postponed, Microsoft probably would escape any court-ordered restrictions until at least next year. That would leave the company free to launch Windows XP, the next version of its operating system, without changes. Windows powers 95 percent of the world's personal computers.
State antitrust enforcers have suggested they would seek to bar Microsoft from bundling new software applications into XP, which includes programs for editing digital photos, playing music and making Internet telephone calls.
"The Supreme Court may well undertake a review of one or more questions presented by the case now," Microsoft's lawyers said in their brief filed with the appeals court.
Schechter said it was unlikely the high court would consider the case until a judge orders a remedy. "The Supreme Court probably will want to hear it, if at all, all at once," he said.
The company has asked the US Court of Appeals for the DC Circuit to reconsider its ruling that Microsoft illegally weaved code for its Internet Explorer Web browser with Windows code to protect its monopoly.
The government has said it won't ask the Supreme Court to get involved, adding "there is no reasonable likelihood" the high court would take the case.
Microsoft said "there is no basis" for the government to make that prediction."
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