Jackson will rule on "a Friday"

Federal District Court Judge Thomas Penfield Jackson has said that he would

release his "findings of fact" report in the Microsoft antitrust case

on a Friday after financial markets have closed. Jackson, however, refused to

disclose which Friday. Legal analysts believe the decision will come in late

October or early November. The "findings of fact" report is the first

part of the decision phase in which Jackson will declare which portions of the

mountain of evidence submitted during the trial phase he considered to be

factual. The report will likely have a critical impact on the outcome of the

case.

Microsoft has been accused on numerous occasion of supporting its case with

fabricated evidence, lies and half truths. If Jackson’s report dismisses many

of what Microsoft has tried to present as facts during trial, the company faces

tough sanctions and may be forced to negotiate a settlement. Jackson, for

example is widely expected to rule that Microsoft indeed as a monopoly and

monopoly power. If in subsequent rulings Jackson finds that Microsoft also

misused that power, the company almost certainly faces severe repercussion,

including a break-up into several smaller companies. Such a finding of monopoly

would also open the door for scores of companies to file antitrust complaints

against the company. If they can prove they suffered financial damages as a

result of Microsoft actions, they are likely to collect substantial sums in

damages.

Netscape will likely head the long list of companies that may claim such

damages. Jackson has been urging both sides to reach a settlement for months. So

far, Microsoft has been unwilling to seriously consider any of the

government’s proposed remedies to force the company from what the Justice

Department sees as predatory, anti-competitive and monopolistic business

practices by the software giant.

Analysts don’t belief even a negative report by Jackson, which is widely

expected, will sway Microsoft. The company is far more likely to push the

government towards a face-saving, but relatively meaningless settlement.

Microsoft remains convinced that any verdict by Jackson can and will be

over-turned op Appeal. The next item on Jackson’s agenda will be to develop a

"conclusion of law,'' to determine whether Microsoft broke any laws. That

decision is not expected until around March 2000.