Judge rejects Microsoft bid to throw out suit

Microsoft's bid to have its anti-trust case dismissed was overthrown after a former product group manager admitted the company had intended to dissuade Netscape from competing.

Judge Jackson claimed the testimony of Chris Jones, then group manager for Internet Explorer, proved there is a "genuine dispute" about whether Microsoft violated any anti-trust laws.

The testimony relates to a meeting held on 21 June 1995 between Netscape and Microsoft, at a time when Navigator dominated the browser market.

In his findings, Judge Jackson said Jones' statement indicated that Microsoft "absolutely" intended to persuade Netscape not to compete and offered as an incentive a promise it would stay out of the non-Windows browser market.

Netscape maintains its rival was trying to allocate markets. Unsurprisingly, Microsoft denies the allegations.

However, Microsoft's problems continue to multiply. Federal and state officials are investigating claims that Microsoft and its public relations firm, Waggener Edstrom, destroyed documents and email relating to the case.

Microsoft was unavailable for comment.