Anti-trust case catches up with Gates

Microsoft has failed to delay the final stage of its antitrust case with the DoJ and now faces the fearful prospect of being penalised for anticompetitive practices.

The software giant last week asked a Federal appeals court to re- examine a decision to uphold the ruling by District Court Judge Penfield Jackson. He ruled last year that Microsoft was a predatory monopolist.

The appeals court unanimously disagreed with Microsoft. In its ruling it stated: "Microsoft has failed to demonstrate any substantial harm that will result from the reactivation of proceedings in the district court."

Since the appeals court had already rejected a proposal to break the company, it will be up to a new judge to decide upon a punishment.

The court ruled the case should be returned to a lower court in seven days so punishment can be decided.

However, the Supreme Court has yet to decide whether it will take up the appeal.