Judge: Microsoft's Failure To Negotiate Led To Breakup Decision - InformationWeek

InformationWeek is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

IoT
IoT
News

Judge: Microsoft's Failure To Negotiate Led To Breakup Decision

If only Microsoft had played ball, then maybe it wouldn't be facing a potential breakup of the company. At least, that's what District Court Judge Thomas Penfield Jackson seemed to be saying during his comments Thursday at an antitrust conference in Washington, D.C.

Jackson told the audience that the decision to recommend splitting up Microsoft was never his "remedy of choice," but was made necessary by the company's unwillingness to negotiate with the Department of Justice. In fact, Jackson said he would have preferred not to order the breakup, which is pending the outcome of Microsoft's antitrust case, now scheduled to be heard by the U.S. Court of Appeals. A member of Jackson's staff says the judge declined to comment further.

Both the Justice Department and Microsoft also declined to comment on Jackson's statements, but legal experts offered various interpretations.

Mark Ostrau, an antitrust and intellectual property partner with Silicon Valley law firm Fenwick & West LLP, says that while Jackson "talks more than most judges," in this case his words should reverberate in legal departments throughout corporate America. "Companies should not discount the potentially much worse result they can get from rolling the dice," Ostrau says.

Meanwhile, George Cumming, head of the antitrust practice at Brobeck, Phleger & Harrison, says Jackson was expressing understandable frustration that the settlement talks between the Justice Department and Microsoft proved fruitless. While Cumming describes Jackson's willingness to discuss the case as "refreshing," he also says there are limits to how far Jackson should stray with his comments. "He shouldn't go on a standup comedy kick and do Microsoft schtick on '[David] Letterman.' "

We welcome your comments on this topic on our social media channels, or [contact us directly] with questions about the site.
Comment  | 
Print  | 
More Insights
2020 State of DevOps Report
2020 State of DevOps Report
Download this report today to learn more about the key tools and technologies being utilized, and how organizations deal with the cultural and process changes that DevOps brings. The report also examines the barriers organizations face, as well as the rewards from DevOps including faster application delivery, higher quality products, and quicker recovery from errors in production.
News
How COVID is Changing Technology Futures
Jessica Davis, Senior Editor, Enterprise Apps,  7/23/2020
Slideshows
10 Ways AI Is Transforming Enterprise Software
Cynthia Harvey, Freelance Journalist, InformationWeek,  7/13/2020
Commentary
IT Career Paths You May Not Have Considered
Lisa Morgan, Freelance Writer,  6/30/2020
Register for InformationWeek Newsletters
Video
Current Issue
Special Report: Why Performance Testing is Crucial Today
This special report will help enterprises determine what they should expect from performance testing solutions and how to put them to work most efficiently. Get it today!
White Papers
Slideshows
Twitter Feed
Sponsored Live Streaming Video
Everything You've Been Told About Mobility Is Wrong
Attend this video symposium with Sean Wisdom, Global Director of Mobility Solutions, and learn about how you can harness powerful new products to mobilize your business potential.
Sponsored Video
Flash Poll