Out-Law News

Microsoft Attacks Proposal to Break it in Two


It has been reported that lawyers for the Microsoft Corporation may ask a federal judge to throw out the Justice Department's plan to break up the company by arguing that the US government improperly based its proposal on evidence that had not been presented at trial.

It was ruled that Microsoft violated state and federal antitrust laws and used its monopoly power in personal computer operating systems. The government asked the judge to divide the whole of the Microsoft Corporation into two rival companies.

Microsoft has submitted its objections to the US District Judge based on the statements of five independent experts. The software company argues that these experts have addressed issues which were not brought up in the previous trial lasting nearly a year. Microsoft has already said it will ask at this time for substantial delays in the proceedings before hearings are held.

Among new evidence which Microsoft is believed to have accused the government of trying to introduce in its filing is a claim that Microsoft attempted to sabotage Palm Computing's hand-held organisers by making changes to the way they interact with Microsoft Windows.

It is likely that Microsoft will be allowed a fair opportunity to disprove the new claims. The trial may even progress to a cross-examination of the government's experts.

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