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Microsoft trial to resume
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May 31, 1999: 10:15 a.m. ET
Software titan, government head back to court; IBM exec to take stand
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NEW YORK (CNNfn) - Microsoft Corp. and the U.S. government will head back to federal court in Washington Tuesday to resume their landmark antitrust trial after a three-month recess.
Each side will call three rebuttal witnesses during the second phase of the case. Twenty-four witnesses have testified since the trial began in October.
On Tuesday, the government will recall Massachusetts Institute of Technology economics professor Franklin Fisher, who will testify as an expert witness that Microsoft holds a monopoly with the Windows operating system and has engaged in predatory and anti-competitive business practices.
After Fisher, the government will call Garry Norris, director of IBM Corp. 's (IBM) networking hardware division.
Norris, who was director of strategic relations for Big Blue's personal computer unit, is expected to testify that Microsoft (MSFT) made various threats to IBM, including withholding its Windows operating system because of IBM's support of products that compete with Microsoft's.
The Justice Department and 19 states sued Microsoft last year for using its alleged Windows operating system monopoly to stifle competition in other segments of the computer industry.
Norris' testimony will be closely watched because he will be the first representative from a PC maker to testify against the software publisher. The government will attempt to illustrate that Microsoft's chokehold on the operating system market is strong enough to put a company as powerful as IBM at its mercy.
U.S. District Judge Thomas Penfield Jackson had advised both sides to use the lengthy recess wisely, which was widely interpreted as a request to try to reach a settlement. At this point, however, a settlement appears unlikely.
Microsoft shares rose 2-5/16 to close at 80-11/16 in Friday trading. 
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