[alxlaz]

> Now if it were Europe style civil law, it would be different.

We don't punish anyone for crimes that have not yet been committed either :-).

Microsoft weren't punished because they were going to be killed Google. They were punished for anti-competitive practices (specifically, for abusing their monopoly position), and they had to stop some of them. It's very likely that they would have killed Google in its infancy if they could have continued to implement these practices.