On May 31, 2000, Microsoft filed its last major brief before Judge Thomas Penfield Jackson in an effort to hold off the final breakup plan submitted by the Department of Justice Lawyers last Friday. On April 3, Judge Jackson ruled that Microsoft had engaged in anti-competitive marketing practices in violation of antitrust laws. The DOJ's breakup plan calls for splitting Microsoft into two companies, one of which would sell Windows, while the other would be responsible for application programs such as Office. Microsoft's filing proposes numerous changes to the plan, asking for one year to develop the details of any breakup as opposed to the four months granted by the government. Interestingly, the Microsoft proposal would not require the company to store and keep its internal emails, which proved very damaging in the trial. After one more round of replies from both parties, Judge Jackson is expected to issue his ruling. Some observers speculate he will request an expedited appeal by the Supreme Court, bypassing the appellate court that earlier overturned some his rulings. Microsoft has reconciled itself to the fact that Jackson will rule against them and has begun to focus on the appeal process and any legal procedures that might delay implementation of any breakup. Those interested in the case can read the full text of the DOJ brief at their site.
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