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and was using this power to cut off competitors. Microsoft denied it all and claimed that the world was hurling threat after competitive threat its way. They weren't a monopoly, they were just a very competitive company that managed to withstand the slings and arrows of other equally ruthless competitors out to steal its market share.
The trial quickly turned into everyone's worst nightmare as the lawyers, the economists, and the programmers filled the courtroom with a thick mixture of technobabble and legal speak. On the stands, the computer nerds spewed out three-letter acronyms (TLAs) as they talked about creating operating systems. Afterward, the legal nerds started slicing them up into one-letter acronyms and testing to see just which of the three letters was really the one that committed the crime. Then the economists came forward and offered their theories on just when a monopoly is a monopoly. Were three letters working in collusion enough? What about two? Everyone in the courtroom began to dread spending the day cooped up in a small room as Microsoft tried to deny what was obvious to practically everyone.
In the fall and early winter of 1998 and 1999, the Department of Justice had presented its witnesses, who explained how Microsoft had slanted contracts, tweaked software, and twisted arms to ensure that it and it alone got the lion's share of the computer business. Many watching the trial soon developed the opinion that Microsoft had adopted a mixture of tactics from the schoolyard bully, the local mob boss, and the mother from hell. The Department of Justice trotted out a number of witnesses who produced ample evidence that suggested the computer customers of the world will buy Microsoft products unless Microsoft decides otherwise. Competitors must be punished.
By January, the journalists covering the trial were quietly complaining about this endless waste of time. The Department of Justice's case was so compelling that they saw the whole trial as just a delay in what would eventually come to be a ruling that would somehow split or shackle Microsoft.
But Microsoft wasn't going to be bullied or pushed into splitting up. The trial allowed them to present their side of the story, and they had one ready. Sure, everyone seemed to use Microsoft products, but that was because they were great. It wasn't because there weren't any competitors, but because the competitors just weren't good enough.
In the middle of January, Richard Schmalensee, the dean of the Sloan School of Management at the Massachusetts Institute of Technology, took the stand to defend Microsoft. Schmalensee had worked for the Federal Trade Commission and the Department of Justice as an economist who examined the marketplace and the effects of anti-competitive behavior. He studied how monopolies behave, and to him Microsoft had no monopoly power. Now, he was being paid handsomely by Microsoft as an expert witness to repeat this view in court.
Schmalensee's argument was simple: competitors are popping up all over the place. Microsoft, he said in his direct testimony, "is in a constant struggle for competitive survival. That struggle--the race to win and the victor's perpetual fear of being displaced--is the source of competitive vitality in the microcomputer software industry."
Schmalensee even had a few competitors ready. "The iMac clearly competes directly and fiercely with Intel-compatible computers running Windows," he said without mentioning that Microsoft had bailed out Apple several months before with hundreds of millions of dollars in an investment. When Steve Jobs, the iCEO of Apple, announced the deal to a crowd of Mac lovers, the crowd booed. Jobs quieted them and tried to argue that the days of stiff competition with Microsoft were over. The scene did such a good job of capturing the total domination of Microsoft that the television movie The Pirates of Silicon Valley used it to illustrate how Bill Gates had won all of the marbles.
After the announcement of the investment, Apple began shipping Microsoft's Internet Explorer web browser as the preferred browser on its machines. Microsoft's competitor Netscape became just a bit harder to find on the iMac. After that deal, Steve Jobs even began making statements that the old sworn enemies, Apple and Microsoft, were now more partners than competitors. Schmalensee didn't focus on this facet of Apple's new attitude toward competition.
Next, Schmalensee trotted out BeOS, an operating system made by Be, a small company with about 100 employees run by ex-Apple executive Jean-Louis Gass e. This company had attracted millions of dollars in funding, he said, and some people really liked it. That made it a competitor.
Schmalensee didn't mention that Be had trouble giving away the BeOS operating system. Gass e approached a number of PC manufacturers to see if they would include BeOS on their machines and give users the chance to switch between two operating systems. Gass e found, to no