He'll probably hand down a series of injunctions to stop the specific things he finds to be illegal. |
I don't think it's a wildly adventurous case, but it shows they're looking at types of competitive restraints they didn't before. I'd sort of look at the government's ability to prove that there is a harm to competition in the sense of either effects on prices, or on the offering of new services in the markets they're concerned about. This isn't a slam-dunk where you prove something and you win. This case involved the economy, and it's much more complex. |
I don't think the facts are in dispute, ... Microsoft is going to make a stand on the law, saying, 'Yeah, we do all that stuff. So what?' |
I don't think they want to be perceived as doing a lay-down in some kind of face-saving settlement, especially where that won't end the case, with the states going forward. |
I had expected there to be some more hearings. I would have expected him to entertain witnesses, but not engage in the full-fledged discovery that Microsoft wanted. That would have given them a little victory, and to the extent where if the court of appeals disagrees with him, it would be on the merits, not the process. |
I think it strongly suggests they (Netscape) believe the (proposed) settlement will not restore competition in the market, that it's not enough for their needs. |
I think they're going to continue litigating this, if for no other reason because the states are going to litigate, regardless of what he does, |
I think they're going to continue litigating this, if for no other reason because the states are going to litigate, regardless of what he does. |
I was a little surprised at the tone. It was stark, dramatic and unequivocal. |
If Microsoft wants to paint a picture of judge that is biased, this gives them a little more ammunition. |
If they don't do it in this case, I can't imagine why they would ever do it. |
It seems Microsoft's cross examination has not been devastating, ... It's a mistake for Microsoft to say other people do what they're doing. First of all, the answer is, 'So what?' Also, the fundamental premise of antitrust law is that there are different rules for behavior for a monopoly than for everyone else. |
It would be a major step. If they get the delay that they are seeking, their product will be out in the marketplace. It will be much harder for the government to get an injunction seven, eight months down the road, which is what they are seeking. |
It's basically good for the government that they get a quick hearing. Judge Jackson will make a quick decision. He hasn't messed around with this case. |
It's important in terms of how he chooses to express his written opinion. |