Anti-trust judge springs a surprise

The presiding judge at the Microsoft anti-trust trial has drawn up a timetable for summation, which is so unusual that it could force the two sides into settlement talks.

Under normal judicial procedure, in a case without a jury, the two sides present a written summary of the facts and which laws apply to it. The judge then considers the two arguments separately, but on the same day, before a final ruling is made.

However, Judge Jackson has said he will rule on the facts first, and then ask the two sides for their opinions on which legal precedents should be applied to the case. He said the whole process could take weeks or even months.

But Peter Rowell, chief executive of consultancy, Regents Associates, claimed that even without the judge's intervention, Microsoft will have to settle. "There has to be a settlement. Microsoft originally went into this case like IBM did 20-odd years ago, trying to string it out for as long as possible because the legal fees are cheaper than settling. But IT is moving very fast now and Microsoft has to get on with its life.

He added: "It could be that part of the settlement is a break-up, but that could be in Microsoft's best interests, given the way the market is moving at the moment."

Rowell also said the judge's legal tactics could give both sides "breathing space" to reach a decision.