The Justice Department on Monday
rejected most of the revisions Microsoft seeks in the government's breakup
proposal because they would create "loopholes" for the software giant to
continue anti-competitive practices.
However, the government accepted some minor changes in the wording of the
proposed antitrust remedy. Microsoft (stock: MSFT) has until Wednesday to file
its response to the government's comments. U.S. District Judge Thomas Penfield
Jackson could rule on Microsoft's fate at anytime after that.
The Justice Department and 17 states want to break up Microsoft into an
operating system company and applications company, and impose conduct
restrictions to encourage competition. Microsoft has called the breakup plan
"extreme and unjustified."
On Friday, Jackson extended the final comment period after government attorneys
said some Microsoft revisions had some merit. Microsoft sought major changes in
the timing of the government's breakup proposal in what was supposed to be the
final word in the 78-day trial and battle of briefs.
The department refused Microsoft's 12-month timeframe over the government's
proposed four-month timetable to outline its own breakup, but accepted
Microsoft's term "divestiture" instead of "reorganization" to more accurately
define the remedy.
The rest was brushed aside.
"Microsoft's other proposals consist largely of changes that would create
loopholes and permit Microsoft to continue to engage in anti-competitive
practices like those found by the court or otherwise to frustrate or undermine
the purposes of the final judgment," the department said in its brief.
"Many of Microsoft's comments go beyond merely addressing the proposed form ...
and make arguments about the merits that Microsoft has previously raised and
that plaintiffs have addressed in their prior filings," the brief said.
Despite the extended legal maneuverings, Jackson wants the remedy process to be
speedy and the government wants to keep the momentum going for an anticipated
breakup, said William Kovacic, George Washington University law professor.
"By describing repeatedly how the breakup will happen, it almost gives some
credibility to the idea," he said.
Microsoft was up 1 1/2 to 67 7/16 in afternoon trading.
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