The Justice Department will now ask the court to examine the
developments in the software and operating systems industry since
the conclusion of the original trial. In particular, it is
concerned about the impending October released of Microsoft’s new
Windows XP operating system, which it feels may further extend
Microsoft’s monopoly position.
An original US Court order required Microsoft to split into two
separate companies, one for its Windows operating system and one
for all of its other business functions. It followed on from US
government’s concerns over Microsoft’s integration of the Internet
Explorer browser with the Windows 95 and 98 systems.
That order was overturned however by the US Court of Appeal, but
only because the original trial judge, Thomas Penfield Jackson, was
held to have acted improperly in dealings with the media which
suggested a bias against Microsoft. The Appeal Court maintained
that Microsoft had acted in breach of antitrust laws.
The case is currently in the process of being sent down to the
lower courts in the US for an alternative ruling on the penalties
to be enforced against Microsoft for its antitrust breach. Just
because the US government has stated that it does not wish to
pursue a break up order against Microsoft, that does not
necessarily mean that the lower courts will not continue to pursue
this course of action as a possible remedy against the
company.
Analysts have speculated that the latest US Justice Department
policy may form part of a potential deal with Microsoft involving
the placing of restrictions on the new Windows XP operating
system.
The new judge appointed to the case, Colleen Kollar-Kotelly, has
a reputation within the US judicial system for pushing for
settlements, and she has requested that all parties in the case
present any outstanding issues to her by 14th September.
