Microsoft Judge Seeks U.S. Comment on States' Rights

Microsoft has asked U.S. District Judge Colleen Kollar-Kotelly to dismiss the demands by nine states, saying their action tramples on the federal government's role in setting national competition policy.

In an order issued late Monday, Kollar-Kotelly said it seemed prudent to seek the U.S government's view in light of Microsoft's concern for federal powers and the state of New York's assertion that the federal government has already affirmed the states' authority.

The nine states that have rejected a proposed settlement of the landmark case reached between Microsoft and the Justice Department in November have objected to Microsoft's petition along with 25 other states, including states that have agreed to the settlement, such as New York.

Microsoft's legal maneuver discounts state authority in antitrust matters and few states seem willing to set a precedent that would diminish their power.

Kollar-Kotelly said the United States, if it chooses to comment, should file its brief no later than April 15.

Hearings were continuing on Tuesday into the sanctions against Microsoft sought by the nine non-settling states, including California, Connecticut and Iowa.

Kollar-Kotelly is separately considering whether the proposed settlement meets a required public interest standard.

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