- The Washington Times - Friday, June 2, 2000

The judge in the Microsoft antitrust case Thursday granted a Justice Department request for time to file additional arguments before he rules on a government proposal to break the software giant into competing companies.

Lead Justice Department attorney David Boies sought the delay in a conference call with U.S. District Judge Thomas Penfield Jackson and attorneys for Microsoft, prompting Judge Jackson to allow additional court filings by the government by Monday. Microsoft has until Wednesday to respond.

"And from a quick review, some number of those [issues raised by Microsoft] seem to make some sense to us, and we would like the opportunity to go through those in detail and to give the court our view on that," Mr. Boies said in a transcript of the telephone conference.

Microsoft lead attorney John Warden raised no objections to the additional filings, even though it was believed that all arguments had been submitted and a ruling could be issued at any moment.

Microsoft spokesman Jim Cullinan said the additional time was sought to address questions such as how to deal with foreign governments and how tax issues should be handled in a breakup.

Microsoft filed a legal brief Thursday that attacked the proposal of the Justice Department and 17 of the 19 states in the case to break the Redmond, Wash., corporation into two companies. There was no indication the government would compromise on the basic proposal.

Judge Jackson ruled April 3 that Microsoft had engaged illegally in anti-competitive marketing practices. As a penalty, the Justice Department and 17 states said, Microsoft should be split into two parts one that would develop and market the various Windows operating systems and the other that would take possession of Microsoft Office and the company's various Internet properties.

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