Microsoft Seeks to Have Appeal First Heard by Lower Court

Software giant Microsoft Corp. on Tuesday urged the Supreme Court to let its appeal of antitrust violations be heard first by a lower appeals court, saying a thorough review is more important than a swift resolution.

The filing was a response to one made by the Justice Department a week ago that urged the high court to consider the appeal on an expedited basis because of the case’s national importance, rather than have it go first to the lower court

“The benefits of comprehensive review by the court of appeals far outweigh whatever time, if any, might be saved by direct review in this [Supreme] Court,” Microsoft said in the filing.

“The need for soundness in the result outweighs the need for speed in reaching it,” the company said. “The Court should exercise its discretion to deny these direct appeals and remand the case to the court of appeals.”

The Justice Department said it would not comment.

Microsoft shares rose as high as $72.44 before falling back to $71.25, up 63 cents for the day on Nasdaq. The company’s legal woes and business concerns have dragged down the stock from a year high of $119.94 in December. It has touched a 52-week low of $60.38.

U.S. District Judge Thomas Penfield Jackson found in June that Microsoft broke antitrust law by using its monopoly hold on the Windows personal computer operating system to stifle competition and ordered the company broken in two to prevent more violations.

The split, as well as a raft of restrictions on Microsoft’s business practices, was stayed pending the outcome of the appeals process.

The government then asked the Supreme Court to hear Microsoft’s appeal directly, bypassing the U.S. Court of Appeals, which has ruled in Microsoft’s favor in the past.