SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Technology Stocks : How high will Microsoft fly? -- Ignore unavailable to you. Want to Upgrade?


To: John F. Dowd who wrote (46173)6/7/2000 6:54:00 PM
From: miraje  Read Replies (1) | Respond to of 74651
 
it has been a farce especially the lack of fairness and the personal bias of Pin head Jackson.

Maybe if someone had given the old boy some NoDoz and a thermos of coffee, he might have come to a different conclusion. <VBG>

"The Red Queen awoke with a start and shouted, "Off with their heads!!""



To: John F. Dowd who wrote (46173)6/8/2000 1:41:00 AM
From: Thunder  Respond to of 74651
 
If they are supported by the Appellate Courts then we have judicial collapse in this country as far as anti-trust is concerned.

Let's hope not John. According to this transcript, we have about seven out of eleven, with conservative viewpoints. Hopefully all three of them are the ones who bring the day of reckoning upon TPJ as well as the Clinton administrations' DOJ, and set the precedent for the future of antitrust, especially within such non-static industries. A complete reversal could and should, help define the path of the future; competition, not litigation through outdated laws.

Who knows, maybe if they (Microsoft's competitors) had spent half the time, energy, money and determination trying to depose Microsoft through politics & litigation; in the marketplace, we would have an even more vibrant industry as we do now. Of course that would require complete exertion of effort in the marketplace, of which they chose not to exert.

06/07/00: Microsoft & The Appeals Process

PAUL KANGAS: So, what's next for Microsoft and the Justice Department? The Appellate Court, certainly. Darren Gersh looks at the appeals process.

DARREN GERSH, NIGHTLY BUSINESS REPORT CORRESPONDENT: You can think of Microsoft's appeal in this case as the beginning of post season play.

RANDY PICKER, UNIVERSITY OF CHICAGO LAW SCHOOL: All the theatrics are done, and we're down to a nice old fashioned legal fight.

GERSH: The referees in that fight will be drawn from the 11 judges of the U.S. Court of Appeals for the D.C. Circuit. Experts say the judges chosen will be crucial in deciding the outcome. Only three judges will hear the Microsoft case, and experts say the Microsoft dream team would be to draw judges Douglas Ginsburg, Lawrence Silberman, and Stephen Williams. Silberman and Williams have already written earlier decisions favoring Microsoft.

PICKER: Those have worked out incredibly well for Microsoft. So I think they regard those judges as people they'd like to see on this case.

GERSH: But legal experts say Microsoft would also be comfortable with other conservatives on the court, including judges Raymond Randolph, David Sentelle, Karen Henderson and James Buckley. The government's dream team would be drawn from Clinton appointees-Judith Rogers, David Tatel, and former Justice Department antitrust lawyer, Merrick Garland, as well as Carter appointee Harry Edwards.

ANDREW GAVIL, HOWARD UNIVERSITY LAW SCHOOL: Or the more interesting scenario, you could get some mix of the two teams in which case we might be looking at some kind of divided decision.

GERSH: After the panel is chosen, experts say it will quickly signal how it might ultimately rule when it considers Microsoft's request to stay the conduct remedies ordered by Judge Jackson.

PICKER: If they think Microsoft has a good case on the merits, then they are likely to stay the conduct remedies, if they think that Microsoft is likely to lose on the merits, then they are likely to put those remedies into place now.

GERSH: The Justice Department, or Microsoft could ask Judge Jackson to send this case directly to the Supreme Court, but many legal experts consider that unlikely. The highest court in the land has made clear it wants to limit its docket, and it's unlikely to want to take on this case before an Appeals Court has clarified the issues involved. Darren Gersh, "NIGHTLY BUSINESS REPORT," Washington.


(Emphasis mine)

Respectfully,

Gary