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Technology Stocks : MSFT Internet Explorer vs. NSCP Navigator
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To: Gerald R. Lampton who wrote (23990)6/7/2000 6:54:00 PM
From: Gerald R. Lampton  Read Replies (2) of 24154
 
Some off-the-top-of-my-head observations:

1. The judge basically rubber-stamped the DOJ's proposal. He even implicitly acknowledges in places that's what he's doing. How much independent thought, as opposed to rubberstamping the recommendations of DOJ's experts, he put into crafting the remedy is a questions historians will have to answer.

2. The judge went to extra pains to blow out Microsoft's due process arguments. Obviously, the judge was concerned enough about them to try to address them, even though he says they have no weight.

3. Microsoft's business conduct before, during and after trial (only some of which is in the record) was obviously instrumental in making up the judge's mind that structural was the way to go.

4. The judge called Microsoft's bluff:

[D]espite the Court's Findings of Fact and Conclusions of Law, Microsoft does not yet concede that any of its business practices violated the Sherman Act. Microsoft officials have recently been quoted publicly to the effect that the company has "done nothing wrong" and that it will be vindicated on appeal. The Court is well aware that there is a substantial body of public opinion, some of it rational, that holds to a similar view [that Microsoft . It is time to put that assertion to the test. If true, then an appellate tribunal should be given early opportunity to confirm it as promptly as possible, and to abort any remedial measures before they have become irreversible as a practical matter.

4. Finally, and most obviously, this was a total victory for the DOJ, and a very harshly worded rebuke to Microsoft.

Let the appeals begin!
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