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Maybe Judge Thomas Penfield Jackson was thinking of a NASDAQ rupture Wednesday when he waited until 4:30 to do his part for the antitrust history books. But this one shouldn't have surprised anybody. Just like the government wanted him to, Jackson ordered up a two-way, 10-year split of Microsoft (one company for apps, one for the OS, and Bill Gates can only work at one of them) and a laundry list of "conduct remedies" for the meantime. Basically, the plan is that the Redmond boys check with their lawyers before going to the bathroom...
Well, we've waited this long.... With Redmond, Silicon Valley, Washington and Wall Street all waiting with bated breath for Judge Thomas Penfield Jackson's ruling that Microsoft be torn asunder, the judge raised his gavel Thursday and... gave both sides some more time to think. The government has until Monday to respond to the software giant's latest response, filed Wednesday, and Microsoft has until June 7 to respond to that response to its response. Is either side making any significant concessions? Nope. Will an extra week of crossfire do anything to change the judge's apparent desire...
Although it still claims its innocence on antitrust charges, the software giant Microsoft on May 10 presented Judge Thomas Penfield Jackson with an alternative remedy to counter the government's proposed breakup. Unsurprisingly, the company's solution placed unacceptably weak restrictions on Microsoft's future conduct and left open a number of loopholes that are likely to be closed by the government's plan. A remedy as narrow as Microsoft's will not do enough to dissuade the company from continuing its abuse of monopoly power--a stronger resolution to the case must be employed...
...company's most conciliatory language to date, seemed designed to placate government tempers while simultaneously maintaining the company's innocence against antitrust charges. That attempt has apparently failed; Thursday's reports indicate that DOJ officials are unswayed by Microsoft's advances, and believe U.S. District Judge Thomas Penfield Jackson will share their point of view...
...that Judge Thomas Penfield Jackson would think twice about crushing shareholders in deciding how to de-monopolize Microsoft. "He'll be more interested in restoring the marketplace to where it would have been" absent Microsoft's abusive behavior, says Jennifer Gray, an antitrust lawyer with Brown Raysman. In that view, any wealth that happens to be destroyed by a breakup or other remedy could be seen as just deserts for shareholders who should never have benefited from monopoly profits in the first place...