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To: Charles Tutt who wrote (23715)12/1/1999 1:39:00 AM
From: Gerald R. Lampton  Respond to of 24154
 
Well, if Microsoft didn't make the argument, or failed to convince the judge to make the appropriate finding, then I don't think the remedies under consideration should be restricted by _assuming_ it's a "natural" monopoly.

I'm not assuming anything. I'm saying that, based on the record, the argument can be made.

Of course, whether Microsoft will actually make it is another matter. So far, there is no real evidence that they will.

And, frankly, the arguments they are making, their "foreclosure" argument and their market definition argument (remember Schmalensee?), look pretty hosed at this point in light of the judge's findings.

As for restricting remedies, I'm sure the DOJ and states agree with you. If they let their egos be the deciding factor on remedies, they'll go for the breakup, and they'll get reversed on appeal.

Right now, though, based on the arguments I've seen Microsoft make, I'd say it looks like Microsoft is going to end up with a big, fat loss.