George W. Bush refuses to condemn the Justice Department's antitrust lawsuit against Microsoft, but some of his advisers say he would not have allowed the suit to be filed and would drop it if he became president.
Close political and economic advisers to Mr. Bush who are familiar with his thinking in the case say he believes the Clinton administration's antitrust action against the computer software giant is harmful to the technology industry and to the economy as a whole.
"This is not a case he would support as president," a political adviser to the presumptive Republican presidential nominee said yesterday.
"If this was still on appeal by the time he came into office and had not reached the Supreme Court, I think he would do what happened in the IBM case. I think the suit would be dropped," said another Bush associate who advises him on economic and legal matters.
A Justice Department antitrust lawsuit that was filed against IBM on the final day of President Lyndon B. Johnson's administration was dropped 13 years later by the Reagan administration. Martin Anderson, who served as President Reagan's chief domestic adviser at the time and is now a top adviser to Mr. Bush's presidential campaign, said yesterday Mr. Reagan "would not have brought this case."
Another Bush adviser said "no one in the Reagan or [former President George] Bush administrations would have brought this suit."
Mr. Bush's hostility toward trial lawyers and government lawsuits is well known. Earlier this year he told a campaign audience in Seattle, close to Microsoft's headquarters, that he thinks "government regulation through litigation" is bad economic policy. But he decided to sidestep last week's U.S. District Court ruling against Microsoft with a benign, two-sentence statement that ducked the issue.
"Because the Microsoft case remains in litigation, no remedies have been decided, and is likely to be appealed, I do not think it's appropriate to discuss the specifics of a matter that is pending before the court," he said in a statement April 3 after Judge Thomas Penfield Jackson handed down his ruling that Microsoft's dominance in the software market had been harmful to consumers. Microsoft is appealing.
Mr. Bush added, "As president, I will fully enforce antitrust laws to foster competition and innovation, to protect consumers, and to guard against anti-competitive conduct."
But when he was campaigning in Washington state, Mr. Bush was sharply critical of the lawsuit.
"I stand on the side of innovation, not litigation," Mr. Bush said at a news conference at the time.
"I am not going to talk about the merits of this case, but I think it is very important for our society, when there is innovation taking place, to understand the consequences of litigation," he said. …