By Nick Patience in Washington
Microsoft Corp has confirmed that it will once again ask Judge Jackson to dismiss the antitrust case brought against by the Justice Department after the final government witness, Professor Franklin Fisher stands down as a witness, most likely on Monday. But the company acknowledges that it has virtually no chance of succeeding, and it is a fairly routine tactic in such cases. Microsoft asked Jackson to dismiss the case after America Online Inc announced its intention to acquire Netscape Communications Corp in late November last year, arguing that the deal would completely change the marketplace, which was also dismissed by Jackson. Microsoft spokesperson Mark Murray conceded that the company does not expect to prevail with its motion to dismiss. But what it will do after that, he says, is provide the court with a strong case against the government’s charges when it begins presenting its case, probably on Tuesday. We will present a very powerful case with detailed technical knowledge and detailed analysis, he says.
