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.
More Quotes from Spencer Waller:
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.Spencer Waller
The judge would open up the remedy phase to listen to more evidence.
Spencer Waller
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.
Spencer Waller
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.
Spencer Waller
This judge is not inclined to delay based on how he has handled the case in the past.
Spencer Waller
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