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Strategies & Market Trends : Piffer OT - And Other Assorted Nuts
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To: Alan Smithee who wrote (40503)6/20/2000 6:32:00 PM
From: Original Mad Dog  Read Replies (1) of 63513
 
I don't follow the Supremes as closely as you do since they are not really relevant to my practice much .... As a general matter, in a case of this importance and complexity, I would think that they would want to have the Court of Appeals consider the case and write some opinions first (possibly split opinions or even with an en banc reconsideration by the entire circuit). That would help the Supreme Court by drawing the battle lines, and would provide them some political cover whatever they ultimately decide.

I think MSFT has to give some real strong thought to whether they even want to overturn the breakup portion of the decision. IMO what they absolutely must avoid is the prospect of day-to-day business decision-making being made or overseen in minute detail by lawyers and judges. I don't know if you have read Jackson's order, but like many sweeping antitrust remedy orders it directs that a chief compliance officer be appointed with wide-ranging powers within the company(ies) to ensure that MSFT behaves. As a practical matter, that can make it impossible to run a business well.

MSFT may be much better off agreeing to be split up but settling for less onerous oversight. I can easily see the Supreme Court ruling that a breakup is too draconian a remedy, but that zealous oversight of the preserved MSFT is justified by the extensive evidence of their past arrogance and misconduct.

MSFT should be careful what they wish for, they just might get it.

MAD DOG
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