U.S. Decides Against Further Microsoft Antitrust Filing

The Justice Department notified the U.S. Circuit Court of Appeals in Washington on May 21 that it will not file a brief in the case. The government earlier had indicated it might actively defend the landmark settlement it reached with Microsoft and 17 other states.

The decision means Massachusetts and West Virginia, which are seeking tougher sanctions against Microsoft, won't have to directly fight the U.S. government while they're battling the software giant in the courtroom.

Last week, the prospective head of the antitrust division promised the Senate that the Justice Department will watch Microsoft carefully for any violations of the settlement.

"We understand the need to be vigilant in making sure that the settlement is carried out," said R. Hewitt Pate, President Bush's nominee to be assistant U.S. attorney general. He also pledged to meet regularly with industry executives who might have concerns about Microsoft's conduct.

"If I am confirmed, we will continue to welcome input from those who think there are matters that need to be addressed," Pate said. "And I can assure you if we find anticompetitive conduct, we will take appropriate action to stop it."

Massachusetts and West Virginia want the appeals court to instruct the trial judge, Colleen Kollar-Kotelly, to impose tougher penalties against Microsoft than those included in the settlement. Those two states said the agreement "does not fulfill even the most basic mission of stopping all of the practices" committed by the software company.

Courtroom arguments before the appeals court will begin in November.