Microsoft Corp, ahead of Friday’s scheduling hearing for the antitrust suits it now faces from the Department of Justice and 20 state governments (CI No 3,413), has filed documents in US District Court asking for a consolidation of the suits and for more time to prepare its defense. Time is an all-important issue, as any delays in the legal proceedings translate into more time for the Windows 98 operating system to permeate the world’s PC population and generate significant revenue for its vendor. Microsoft is seeking the consolidation on the grounds that all the suits are essentially identical. In a filing Microsoft’s lawyers argued that the DOJ’s and States’ actions are so nearly identical that the common legal and factual issues overwhelm any minor issues that are not common to both cases. The document also indicated that counsel for the DOJ and the states have stated that they do not oppose consolidation of its action with those of the states but that, in the DOJ’s view, it is premature to decide whether the two actions should be consolidated for trial. In a separate document, Redmond also asked for an enlargement of the time for it to respond to the plaintiffs motion for a preliminary injunction against the company which, among other things, seeks to require Microsoft to incorporate Netscape’s browser software in Windows 98. Microsoft is asking for six months to review all the documents, gather evidence and interview possible witnesses for its defense. The documents point out that the DOJ and the states have had nearly two years to investigate and prepare their cases and therefore requests that it too have adequate time to conduct discovery and prepare its response. The documents imply that both the states and the DOJ are open to the idea of more time but not necessarily what Microsoft is asking for. The motion goes so far as to say, It is a daunting task simply to read the mass of papers submitted by the DOJ and the states, which seems to make a case for both the time extension and the consolidation of cases.
