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Google calls for more limits on Microsoft

Google on Monday called on a judge to extend part of the US government's four-year antitrust scrutiny of Microsoft, intensifying a lobbying battle in which the arch-rivals have sought to limit each other's power.

Financial Times Richard Waters

Context & Ripple Effects

The move lands one day after Google first asked the court to extend the decree (Reuters reported the extension request on June 25), and syndicated coverage the next morning shows the substance behind it: Google argues Microsoft's Vista search changes fall short of what the settlement requires. The four-year-old consent decree was the instrument that constrained Microsoft's desktop defaults after the US antitrust case, and its expiry would leave Windows' search placement unpoliced.

The filing also fits a broader two-front campaign. On the product side, Google has been pushing into territory Microsoft monetizes — including new self-service tools letting organizations migrate existing email data into Google Apps — while on the legal side it works the courts just as Microsoft has used exclusive tactics like shipping Halo 2 and Shadowrun as Vista-only titles. Each rival is treating regulation as a competitive weapon against the other.

First-order effects

  • The judge overseeing Microsoft's decree must now decide whether desktop-search obligations extend past the original term, keeping Microsoft's Vista design choices subject to court supervision rather than unilateral revision.
  • Microsoft's ability to set default search placement in Windows becomes contingent litigation risk at precisely the moment Google is scaling rival distribution through AdSense formats and enterprise apps.

Second-order effects

  • Other software firms watching the case gain a template: a well-resourced competitor can petition to prolong antitrust oversight, raising the cost to Microsoft of every default-setting decision in Windows.
  • Enterprise customers evaluating email and productivity stacks get an implicitly subsidized alternative — Google's migration tooling lowers switching costs against Exchange even as Google argues Microsoft's leverage should be legally curtailed.

Third-order effects

  • If courts entertain competitor-initiated extensions of consent decrees, antitrust compliance shifts from a one-time penalty to a persistent constraint that rivals can renew — making regulatory advocacy a standing line item in platform competition.
  • The pattern points toward platform gatekeepers being policed less by single landmark cases than by ongoing adversarial filings among themselves, with judges arbitrating where defaults and bundling sit.

The trend: Platform rivals are increasingly turning antitrust process itself into a competitive battleground, using regulators and courts to constrain each other's default placements and licensing terms.