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To: Daniel Schuh who wrote (21300)	11/9/1998 1:50:00 PM
From: Daniel Schuh	Respond to of 24154

Disarming a Giant: U.S. Case Stresses Anticompetitive Pattern by Microsoft nytimes.com In which the central "where's the harm" Chicago School defense begins to be addressed. By all indications, this is Microsoft's best case, legally. All the "everybody does it" / Chrysler car radio metaphorical analogies don't mean much legally, but the "economics and law" guys do carry some weight. I don't know how much on the SC, though. With its industry witnesses, the government is arguing that Microsoft bullied companies into deals that reduce competition and do not result in any discernible consumer benefit. Thus, the government adds, these deals must hurt consumers, even if there is little immediate evidence of harm. "The government is closing in on what is critical -- a loss of consumer choice and prices that are higher than would be the case if there were unrestricted competition," said Stephen Axinn, an antitrust litigator who is a partner of Axinn, Veltrop & Harkrider in New York. Then, of course, there's my personal "consumer theory", they'd really like a Windows that sucked less, rather than "integrated" IE. That choice wasn't available in the marketplace, though, as near as I can tell. Cheers, Dan.