Spencer Waller
Spencer Waller
competition establish less market microsoft power venture vigorous
Microsoft is going to try to establish that there is vigorous competition in the marketplace. They're going to try to get admissions that Microsoft has less market power than is apparent, or that this venture can take away from any market power it does have.
answer behavior cross law microsoft mistake monopoly people premise rules seems
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.
facts microsoft stand
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?'
appeals court discovery engage entertain expected extent given microsoft
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.
delay eight government harder major months product
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.
continue reason regardless states
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.
ability case competition concerned effects either harm involved looking markets offering prove services shows sort types wildly
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.
imagine
If they don't do it in this case, I can't imagine why they would ever do it.
company cumulative effect government likely market power prevail trying
The government is likely to prevail on the cumulative effect of how Microsoft's market power has prevented competition. A company that didn't have Microsoft's power could say they were just trying to be competitive.
basically good government jackson judge messed quick
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.
chooses express terms written
It's important in terms of how he chooses to express his written opinion.
based case delay handled inclined judge
This judge is not inclined to delay based on how he has handled the case in the past.
government major time
This is the first time in 20 some years that the government has filed a major monopolization case.
case dealing internet outcome useless
This case is forward-looking enough, dealing with the Internet and other technologies, that the outcome won't be useless once it's all over.