The Boston Globe David Warsh Column.

Byline: David Warsh

May 16--THE MORE THINGS CHANGE: The government's case against Microsoft afforded a rare lighthearted moment when assistant attorney general for antitrust Joel Klein took to a California rostrum last week to explain his views.

He'd been reading up on regulatory vs. structural remedies, he said. He was concerned because the government had sought the breakup of a great American corporation.

The issues were complex. The trial was lengthy. Differences of opinion were bitter. For instance, Klein said, The Wall Street Journal had this to say about the case on its editorial page:

"While the Justice Department can't promise any consumer benefits that might result from its suit to break up [the company], it is sure of one thing: This is the largest antitrust action ever filed. So much for the mentality of modern-day trustbusters.

"As long as they can tackle the biggest of all `big businesses,' what is the difference whether the massive expenditure of federal money and effort is likely to cut anyone's ... bills?

"Where is the problem that justifies risking possible damage to the efficiency of a vital part of the US infrastrucure; damage to the investments of innumerable small investors and pension fund beneficiaries; possible damage to an important research and development enterprise?