Jane Martinson in New York 

Gates offered fast-track to supreme court

Microsoft and the US government yesterday agreed to wrap up the landmark anti-monopolies case.
  
  


Microsoft and the US government yesterday agreed to wrap up the landmark anti-monopolies case.

Judge Thomas Penfield Jackson wants to conclude the trial by ruling within 60 days on an appropriate punishment for Microsoft's illegal behaviour. He called for a "genuine fast track" after ruling that Microsoft had broken US anti-trust laws.

Lawyers for Microsoft and the US justice department met yesterday with the judge to discuss penalties the company could face.

This could mean that the outcome could be announced as soon as June. This "fast track" approach - which the justice department has agreed to - could include the unusual step of any appeal going straight to the supreme court, bypassing one stage of the appeals process, with a final decision by the end of the year.

Judge Jackson told both sides: "My objective is to get this thing before an appellate tribunal quickly."

The judgment against Microsoft for bundling its internet browser with its dominant Windows software contradicts an earlier appeals court ruling.

Companies such as Sun Microsystems and hundreds of individuals are also keen to see a swift conclusion to a case that could form the basis of their own lawsuits against Microsoft.

Yesterday's meeting between the company, the justice department and representatives of the 19 US states that brought the complaint was their second in two days. Legal expects said yesterday that the judge's desire for a speedy resolution of this phase of the trial suggests that he is unlikely to call for the break-up of Microsoft.

Bill Kovacic, a professor at George Washington University Law School, said: "If you're going to ask for restructuring of the company, you don't want to do that on the run."

The judge is understood to have asked both sides to make their final proposals in the settlement talks a starting point for discussions over remedies.

These proposals were understood to have been based on remedies that fell short of a break-up.

Talks broke down when the sides could not agree on an adequate alternative, Microsoft blaming the states.

Kevin O'Connor for the state of Wisconsin, said: "We're going to work very closely with the department of justice to the extent we can to try to get on the same page in remedies."

• Bill Gates, the Microsoft founder, was one of several high-profile guests at a White House conference held yesterday to discuss how new technology is transforming the economy. He was expected to meet senior politicians in a renewed lobbying effort.

 

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