DOJ opposes Microsoft bid to stay antitrust penalty

The Justice Department urged a federal judge on Monday to reject Microsoft’s motion to stay the antitrust penalties he imposed on the giant computer software maker on grounds that delaying the judge’s order “would greatly damage the public interest.” BUT THE DEPARTMENT’S antitrust division asked U.S. District Judge Thomas Penfield Jackson to very briefly delay denying the stay to thwart what the government called Microsoft’s bid to manipulate the court. It urged Jackson not to rule on the stay until Microsoft files its promised notice of appeal and then to rule on both together. The government said the company is trying to maneuver part of the case into the U.S. Court of Appeals for the District of Columbia where it won an earlier battle in the case. The Justice Department wants Microsoft’s appeal to go directly to the Supreme Court, bypassing the circuit court. But it cannot file that motion until the company files its notice of appeal, which Microsoft has not done. So far, the company has filed only a motion to stay Jackson’s ruling. After finding that the company abused its monopoly over personal computer operating systems to harm consumers and thwart innovation, Jackson ordered the company split into two and imposed restrictions on Microsoft’s business conduct while it appeals the dismemberment.