Microsoft Shouldn't Be Broken Up, Candidate Bush Says (Update2) By Richard Keil
Microsoft Shouldn't Be Broken Up, Candidate Bush Says (Update2)
(Rewrites 5th, 6th paragraphs.)
Stony Brook, New York, March 3 (Bloomberg) -- Republican presidential front-runner George W. Bush said he opposes breaking up Microsoft Corp. as a way to resolve the government's antitrust case against the software giant.
State and federal antitrust enforcers have said breaking up the No. 1 software company is a sanction they could propose if U.S. District Court Judge Thomas Penfield Jackson finds Microsoft's business practices violated the Sherman Antitrust Act.
Asked before a campaign event today on Long Island whether Redmond, Washington-based Microsoft should be broken up, Bush said, ``I'm against it.' ``There has got to be a better remedy than to break up a successful company that employs lots of people,' Bush said in an interview.
Bush's comments, his clearest statement to date on the Microsoft case, come as he's seeking to extend his lead over Senator John McCain in the Republican race. The governor's stance on the Microsoft case could have consequences in next Tuesday's primaries and caucuses in 13 states, particularly in delegate-rich California, home to some of Microsoft's business rivals.
Bush stepped into the Microsoft debate two days before his win in Tuesday's primary in Washington state, when the Seattle Times quoted him as telling reporters, ``I think the great fear is that Microsoft will be broken up.' One Bush aide later said the governor was referring to the fears of Microsoft employees and investors in that statement, according to the Washington Post.
Bush advisers today denied reports in the Washington Post that contributors from the computer industry who compete with Microsoft have complained about the governor's apparent support of Microsoft.
Waiting for Jackson
Judge Jackson concluded in findings of fact last year that Microsoft had a monopoly over personal computer operating software and has repeatedly tried to squelch competition to defend its market dominance. Microsoft contends its actions were legal.
The judge's decision on whether Microsoft broke the law is expected in the coming weeks. If, as many legal experts predict, Jackson rules against Microsoft, he would convene hearings on what sanctions to impose. Microsoft and the Department of Justice are engaged in settlement talks now.
When asked today if he favored an alternative penalty, Bush said he didn't have one. Rapid innovation in computer and software technology already have helped erase the technological dominance Microsoft once wielded over its competitors, Bush said. ``With technology, what was happening two years ago (when the Microsoft case was brought) has been left in the dust,' Bush said. ``Things are changing rapidly.'
States Still Have Say
Even if Bush becomes president, he wouldn't necessarily be able to determine the outcome of the case. Antitrust enforcers for the 19 states suing the company alongside the U.S. Justice Department could still seek a break up, even if a Bush administration backed away from that option.
Bush's influence would be greatest if Microsoft successfully appealed an adverse ruling. The Bush administration could then decide to drop the litigation, though again, the states could pursue it to the Supreme Court.
Some Silicon Valley technology company executives have quietly cheered the government's successes in the antitrust case against Microsoft. A California software rival, Netscape Communications Corp., now part of America Online Inc., provided evidence and testimony for the government's case against Microsoft.
Trial testimony by an executive of another Silicon Valley company, microprocessor maker Intel Corp., revealed that comnpany's tensions with Microsoft, the leading maker of operating system software.
Microsoft leads all computer companies this election cycle in soft money contributions to both the Democratic and Republican parties, according to records filed with the Federal Election Commission.
Microsoft has given $386,000 in soft money to Republicans and $259,000 to Democrats, according to a study of those records by the Center for Responsive Politics.
Bush has received support from both Microsoft and its computer industry competitors. According to the CRP analysis, he raised $698,000 from the computer industry, including $33,450 from Microsoft employees. |