Meantime the US anti-trust consent decree with Microsoft Corp is in limbo after lively exchanges in Judge Stanley Sporkin’s courtroom on Friday. Assistant Attorney General Anne Bingaman responded to Judge Sporkin’s criticism of the narrow scope of the settlement by saying that the agreement reflected the case prosecutors knew they could win at the time, adding that the company is being watched carefully and may be subjected to another suit if wrongdoing is found. Judge Sporkin said after the day-long hearing that he was troubled by the consent decree – in particular clear evidence that Microsoft had announced a forthcoming version of its Basic simply to stall sales of a new release of Borland International Inc’s Turbo Basic, but he took no immediate action, saying he would have to study the case over the next few days. And in an unprecendented intervention, the Computer & Communications Industry Association, including the likes of Unisys Corp, Sun Microsystems Inc, AT&T Corp, Northern Telecom Ltd and five Baby Bells, made a new submission in the case less than 24 hours before the hearing set to approve the settlement. They questioned whether Microsoft might use its monopoly power unlawfully, and they objected to its volume discounts.
