FC: Microsoft judge goes further than DoJ, breakup coming soon

[Declan McCullagh <declan () well com>]

http://www.wired.com/news/politics/0,1283,36551,00.html

   MS Judge Moves In for the Kill
   By Declan McCullagh (declan () wired com)

   2:15 p.m. May. 24, 2000 PDT
   WASHINGTON -- Judge Thomas Penfield Jackson said Wednesday he's
   almost ready to rule in the Microsoft antitrust case, and signaled
   he's thinking of carving the world's largest software company into
   three or even four separate firms.

   Jackson, the U.S. district judge overseeing the trial, shocked the
   courtroom when he denied Microsoft's requests for additional time --
   and said he wants to have all paperwork filed by next Wednesday at
   the latest. Microsoft had hoped to have until December to prepare its
   defense.

   "I'm not contemplating any further process," Jackson told the scores
   of observers, some of whom showed up at 7:30 a.m. EDT for a front-row
   seat. "(This case) is submitted."

   Jackson didn't say when he would decide, but if his comments during
   the remedies hearing are any indication, he's ready to split
   Microsoft into at least three companies. That would be more drastic
   than the plan submitted last month by the Justice Department and
   state attorneys general, which suggests only two competing firms.

   "The effect of a bisection will, in effect, create two separate
   monopolies ... both of which are dominant," Jackson said during the
   hearing.

   Jackson suggested the government might consider including a "third
   Internet browser company" that would have responsibility for Internet
   Explorer. He said that idea was proposed by two trade associations in
   what he termed "an excellent brief."

   "That was something we very seriously considered," replied David
   Boies, an attorney representing the Justice Department.

   Boies said, however, he didn't think there was "sufficient" evidence
   introduced during the trial to justify the plan. "We don't think the
   record in this case would support that," Boies said.

   [...]

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