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.
More Quotes from 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
They're already implementing some of the conduct remedies, and my guess is that they are prepared to negotiate about almost all of the rest, ... If you're not talking about a breakup of the company, it's very likely this case will settle if the states agree with the position that the DOJ is taking.
Spencer Waller
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.
Spencer Waller
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.
Spencer Waller
If Microsoft wants to paint a picture of judge that is biased, this gives them a little more ammunition.
Spencer Waller
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.
Spencer Waller
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