Gunning For Gates

By MICHAEL DUFFY, BRUCE VAN VOORST

In last week's issue, TIME interviewed Bill Gates about the impending antitrust case. On Friday, Washington bureau chief Michael Duffy and senior correspondent Bruce van Voorst talked to Joel Klein:

Q: Why is it fair to make one company ship another company's product?

A: Microsoft has taken two separate products--the operating system and the browser--and illegally tied them together. In order to make sure this market doesn't tip and become a monopoly, we thought the most effective, immediate relief would be to ensure carriage for Netscape as the only company that can prevent monopolization.

Q: Aren't you carrying Netscape's water here, and not the consumers'?

A: That's wrong. I have no interest in protecting competitors.

Q: Bill Gates says he can't remove his browser from Windows 98 without wrecking it. Is he right?

A: Of course not. They were considering separating the products themselves. It is a simple matter of product design; if he were prepared to do so, he could do so quite easily.

Q: Why did you focus so much in your complaint on the browser?

A: The browser is a critical platform technology. It is the means of access to the Internet, and everybody understands that having a choke hold on the Internet can be critical. Second, the principles at issue in this case--the exclusionary contracts, the predatory practices, the use of the desktop to force Microsoft's products on other people--will be critical as we go forward. Last, we do have ongoing investigations into other issues.

Q: What's your bottom line?

A: Microsoft should allow its browser to compete entirely on its merits, without exclusionary contracts, without tying it to a monopoly. Second, it ought to end these exclusionary contracts. If that were done, there would be a new competitive kick in the market.

Q: The courts said the Justice Department should not be writing Microsoft's software.

A: We're not trying to design any of their products. We said to them, Unbundle the browser or carry the other browsers. It is not difficult at all.

Q: Are you surprised the public isn't yet behind you on this?

A: People say we are regulators. But that is not the case. We are strong believers in free market and competition. When the American consumer realizes that the alternative is to have one choice, people will line up very strongly behind what we're doing.

Q: Both you and Gates talk a lot about innovation...

A: Mr. Gates has in mind Microsoft innovation. I have in mind all the innovation that all the great software companies of America can bring to market. We are telling all these companies, put your heart and the sweat of your brow into making new and great products, and we will make sure you get a chance to compete.

Q: So which browser is better?

A: This is something consumers should decide.