By William L. Watts, CBS MarketWatch
Last Update: 6:36 PM ET Nov 5, 1999 NewsWatch
WASHINGTON (CBS.MW) -- The federal judge presiding over the Microsoft antitrust trial indicated Friday that he believes the software giant holds a monopoly on the market for personal computer operating systems.
U.S. District Court Judge Thomas Penfield Jackson issued his "findings of fact" in the case Friday evening. Although the findings, which mark the first part of a two-phase verdict process don't offer any legal conclusions, they show that the judge largely agrees with government assertions that Microsoft has maintained overwhelming dominance of the operating system market through its Windows software.
Jackson will set out his "conclusions of law" later, perhaps by the end of the year.
Microsoft has steadfastly denied that it holds a monopoly on the operating system market. The company insisted that the government's definition of the market -- Intel-compatible personal computers -- was too narrow.
A conclusion that Microsoft holds a monopoly could open the company up to private antitrust suits.
Lawyers said it would be premature to draw conclusions about any possible remedy from the findings of fact.
"This is the first stage (of the ruling). It's important not to read too much into what the judge does say on the factual questions," said antitrust attorney Glenn Manishin.
Few antitrust experts expect Microsoft to be broken up, even if the final ruling favors the government. Possible remedies, should Jackson conclude that Microsoft has a monopoly and engaged in anticompetitive tactics to maintain it, range from a break-up of the company to the possibility the company could be forced to license its Windows operating system to other software makers.
Alternatively, Microsoft could be made subject to so-called "conduct" remedies, that would legally enjoin the company from engaging in anticompetitive acts, but wouldn't force it to alter its structure.
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