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To: Harvey Allen who wrote (15092)	12/19/1997 9:33:00 AM
From: Daniel Schuh	Read Replies (2) \| Respond to of 24154

DOJ learns from previous MS scrapes news.com I'd say just in time, but I'm not sure about that yet. . . . it took years of investigations and negotiations to put a consent decree in place that attempted to open up competition in the operating system market. By the time the settlement was approved in August 1995, critics charged the decree was worthless because Microsoft's Windows was the only viable game in town. Some court observers say the criticism has not been lost on Joel Klein, who heads the Justice Department's antitrust division and was the No. 2 attorney there when the consent decree was approved. "They've clearly learned from that mistake and are now moving aggressively to police Microsoft in a timely way," said Rich Gray, an antitrust attorney at Bergeson, Eliopoulos, Grady, & Gray in San Jose, California. "Justice now understands that because the high technology marketplace is so fast-moving, they have to move fast as well if they're going to have any impact." Added Bob Lande, a professor specializing in antitrust issues at the University of Baltimore School of Law: "Microsoft wants to delay things until they can rub Netscape out. The DOJ is aware of this and that's why they've gone back to insist that Microsoft comply with the order in a meaningful way." One more tidbit from the end, apparently not worth looking out for too much: In a related matter, Jackson has set a scheduling hearing for tomorrow at 11 a.m. ET. The hearing will be limited to setting a briefing and hearing schedule on the government's motion. Cheers, Dan.