States oppose Microsoft case delay

WASHINGTON - Nine states on Monday opposed Microsoft's request for more time to produce evidence in the antitrust case against the company.

The states told U.S. District Judge Colleen Kollar-Kotelly that their broad proposed penalties - which cover many Microsoft products - should come as no surprise to Microsoft. The states rejected the company's claim that it needs nine months to sift through millions of documents.

``Delay only further damages consumers who deserve effective, fair remedies for the violations of law found by two courts,'' Connecticut Attorney General Richard Blumenthal said. ``Microsoft has abundant resources and time to answer for its lawbreaking.''

In a reply memorandum filed late Monday, Microsoft said it needs more time because the nine states' remedy proposal differs significantly from the company's agreement with the Department of Justice and other states suing the software giant.

``Any delay is the fault of the non-settling states, who have gone far beyond the legitimate scope of this remedy phase and have launched, in essence, an entirely new case against the company,'' Microsoft said in a statement.

The nine states have called for penalties that are far stronger than those in Microsoft's settlement with the federal government and nine other states.

The current schedule calls for a trial in March to determine what extra penalties Microsoft should face for anticompetitive practices. If the judge grants Microsoft's request, that trial would be delayed until at least late summer.

Kollar-Kotelly also plans to review the Bush administration's settlement with Microsoft in March. The nine states that did not sign onto that settlement are Iowa, California, Connecticut, West Virginia, Utah, Minnesota, Kansas, Florida and Massachusetts.

Shares of Microsoft were down $1.62 to close at $66.25 on the Nasdaq Stock Market, but were up 7 cents in extended trading.