Microsoft Corp pressed its bid to delay its antitrust case, telling a federal appeals court that a hearing on remedies should wait until the Supreme Court decides whether to intervene.
The justices are set to decide by early October whether to review the appeals court's ruling that the world's No. 1 software maker illegally protected its Windows monopoly. Microsoft says comments made by US District Judge Thomas Penfield Jackson to reporters tainted the entire proceeding and warrant a new trial.
Microsoft today told the Washington-based appeals court that the Supreme Court probably will decide whether to hear the case within six weeks.
"Little will happen during that short period," said the company, which plans to release XP, the next version of Windows, on Oct. 25. A decision from the appeals court on delaying the case may come any day.
The Justice Department and 18 states have asked the appeals court to send the case immediately to a new trial judge for a hearing on how to restore competition in the software business.
Justice Department spokeswoman Gina Talamona declined to comment on the latest Microsoft court papers. "Our filing speaks for itself," she said.
State antitrust enforcers have suggested they might seek changes in XP because it bundles new applications that critics say are designed to reinforce the Windows monopoly. The new features include programs for playing digital music and videos and to make telephone calls via the Internet.
One possible change would be to give computer makers more flexibility to remove Microsoft programs and substitute those made by competing companies.
The appeals court in June threw out a breakup order issued by Jackson and removed the judge from the case. Although the appeals court didn't rule out the possibility that a new trial judge could reimpose the breakup, it laid out a tougher legal test than Jackson had used.
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