The prospect of Microsoft being broken up moved a step closer yesterday as the judge in the landmark anti-trust case against the software giant founded by Bill Gates compared it with the oil monopoly run by John D Rockefeller at the turn of the century.
Judge Thomas Jackson's invocation of Standard Oil, a monopoly which was broken up by the courts in 1912 because of anti-competitive behaviour, provided a boost to the case against Microsoft brought by the federal government and 19 US states yesterday.
Tough questions to Microsoft's leading lawyer marked a far more negative stance by the judge. He repeatedly interrupted Microsoft's counsel John Warden as the lawyer sought to defend the Seattle-based company which controls 90% of the world's computer operating systems. At one point the judge accused Mr Warden of evading his questions.
The judge's tone suggests that Microsoft will be hard pressed to stop him from finding that the company broke US anti-trust laws.
In yesterday's court hearing, which provided both sides with one last chance to put their case before the judge, the judge reserved his most biting criticism for Microsoft's argument that its copyright ownership excused its behaviour.
"I don't really understand your copyright defence," said the judge, before adding that Mr Rockefeller had "a fee-simple control over his oil and I don't see a distinction".
He interrupted Mr Warden's argument that "anti-trust laws did not trump copyright laws". The judge said: "I am not so sure of that."
The argument concerned Microsoft's bundling of its internet browser with its Windows operating system. The government has argued that by putting the two together Microsoft was forcing its way into a fledgling market by abusing its stranglehold over operating systems. The judge indicated his support for that view in his preliminary ruling in November which found that Microsoft abused its monopoly position and harmed competitors and consumers alike.
Microsoft is under heavy pressure to reach a settlement with the government in its separate talks with a mediator appointed by Judge Jackson. If no settlement is reached the judge is expected to rule on the case in the spring.
