Judge Makes Offer to Justice Dept.

Post | at | by Mike

The federal judge in the Microsoft Corp. antitrust case this morning invited the Justice Department to weigh in on the question of whether states that did not sign onto the department's proposed settlement deal with the company are entitled to pursue stiffer sanctions. The judge's request is yet another wrinkle in what already is a complex and unprecedented legal battle, one that will have constitutional implications.

Microsoft asserts that the states' case usurps the power of the Justice Department to enforce competition policy. The company acknowledges that states can sue as private parties in antitrust actions, but argues they cannot seek national sanctions that extend beyond those set by the United States.