Microsoft and DoJ back in battle

Microsoft's anti-trust dispute with the US Department of Justice (DoJ) restarts today, with Judge Penfield Jackson hearing arguments from both sides precipitating a final judgement.

The courtroom proceedings re-open as out-of-court settlement negotiations continue with little progress. If Judge Jackson is forced to make a ruling with no out-of-court settlement, most commentators agree it could open the way to a lengthy process of appeals and counter-appeals.

Judge Jackson's findings of fact in November stated that Microsoft had used its dominant market position to stifle competition, but did not make any legal judgement. His next task is to decide whether those actions broke US anti-trust law.

The restart of the trial follows comments made by Bill Gates, chairman of Microsoft, in an interview with Bloomberg TV when he allegedly said the company is willing to open up its source code to appease the DoJ.

Most commentators feel Microsoft will have a hard time arguing they behaved legally after Judge Jackson's November findings.

Clive Longbottom, analyst at Strategy Partners, said: "Judge Jackson's findings document was well-argued and tightly worded and has left Microsoft little opportunity to argue legal technicalities."