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.