Word: jacksons
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Dates: during 1990-1999
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...willing to go. It's like looking at a construction site in its early stages, says George Washington University law professor William Kovacic. "The depth of the excavation and the strength of the foundation tell you how big the building is going to be," he says. Jackson, as Kovacic puts it, has poured a lot of concrete...
There was much conjecture on Friday that Jackson's tough-minded ruling could be the cudgel the parties need to get them back to the negotiating table. Settlement is always a possibility. Intel staved off an antitrust suit of its own earlier this year by striking a quiet deal with the Federal Trade Commission in which it agreed to share more information about its processors with other companies. But despite a few stabs at working it out--including a round of quiet talks during the trial--Microsoft and Justice haven't been able to get started. The sharpness of last...
Then there's the appeal process. "Microsoft gets friendlier audiences from here on," notes Kovacic. The D.C. Circuit Court of Appeals, which would review Jackson's decision and remedy orders, is the same one that slapped the judge down last year when he ordered Microsoft to offer Windows 95 without the Internet Explorer browser. The Supreme Court is more of a wild card, but its current pro-business tilt suggests the government may get a skeptical hearing. But neither is likely to overturn Jackson's findings of fact...
...fact is, United States v. Microsoft does have an ideology behind it. At some level, it's a return to the good old days of trust busting, something scarcely seen in the U.S. since the government's case against IBM sputtered out in the early 1980s. Emboldened by Judge Jackson's ruling, the Antitrust Division could soon be prowling for more high-profile, high-tech targets...
Supporters of antitrust law argue that decisions like Judge Jackson's actually strengthen the free market. The new economy--and America's unprecedented run of growth and prosperity--has been fueled to a significant degree by small start-ups founded by entrepreneurs with big dreams. These are precisely the sort of companies that can be crushed most easily by a brutal monopolist. When antitrust law works right, it can give these enterprising small firms room to grow. "There are a lot of companies that have for years operated in absolute terror of Microsoft," says Sun's Morris. The ruling...