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To: Daniel Schuh who wrote (23981)5/31/2000 10:36:00 AM
From: Harvey Allen  Read Replies (2) | Respond to of 24154
 
The question legal scholars are asking is whether he'll order
Microsoft broken into three companies. Two industry groups
made up largely of Microsoft competitors argued for a three-way
split in a friend-of-the-court brief.

"He has the discretion to do that," said William Kovacic, an
antitrust expert at the George Washington University School of
Law. "He's got a handful of legal briefs by outsiders. . . . That is a
very thin basis on which to launch the reorganization of Microsoft.
But he seems to think it's sufficient. And it would not surprise me
if he modifies the government's proposal and plugs in that
measure."

What would make that unusual is that government lawyers actually
argued against it. David Boies, who argued the government's case
in court, appeared taken aback last Wednesday when the judge
asked why the plaintiffs were not seeking a three-way breakup.

"First, we believe that that reorganization would have a much
more disruptive, time-consuming effect," Boies said. "Second, we
believe (the government's plan) directly met the case that was
before the court."

seattletimes.nwsource.com