WASHINGTON -- The judge presiding over the Microsoft antitrust trial said Wednesday that America Online's proposed acquisition of Netscape Communications could have an "immediate effect" on the case.
US District Judge Thomas Penfield Jackson said the purchase announced last month "might be a very significant change in the playing field as far as the industry is concerned."
US Justice Department lawyers have insisted that the proposed merger would have no effect on the case, while Microsoft's defense team have said it shows the government should drop its suit.
Jackson's remarks were among his final words as he adjourned the trial until 4 January, after nine weeks and 10 witnesses, with at least 14 more witnesses to go.
The judge added: "It could have an immediate effect on the definition of the market." Market definition is at the heart of any antitrust case.
Earlier Wednesday, a Packard Bell testified that his company would like to remove Microsoft Internet Explorer from Windows 98, but its contract with Microsoft prohibits it.
Since employees can waste time at work wandering the Web, corporate customers prefer a Web browser that is not tied to the operating system, Packard Bell product manager Jon Kies said.
"Our customers prefer to receive only the base OS and the drivers," Kies said in videotaped testimony.
The Justice Department hopes to show that Microsoft's integration of Internet Explorer with its operating system does not benefit consumers -- and thus may violate antitrust laws.
The government also played videotapes of computer industry executives who said they have chosen not to glue browsers into their operating systems.
By mid-day, the repetitive testimony had drawn more than a few yawns from the courtroom. "Have you been able to abbreviate your deposition presentation?" asked Judge Jackson.
"Today's tapes set an all-time record for a snoozefest in the courtroom," said Microsoft spokesman Mark Murray. "These are kind of the holiday reruns. There is nothing new."
