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CNET News.com: Microsoft could win antitrust appeal, legal experts say

Feb 28, 2001, 17:49 (31 Talkback[s])
(Other stories by Joe Wilcox)

"Microsoft, for the first time, may be in a position to completely overturn the government's antitrust victory, say legal experts. That conclusion comes after two days of oral arguments, where questions from seven appeals judges left open the possibility that Microsoft could win the whole case. Until the hearing, many legal experts had handicapped in favor of the government, but concluded Microsoft would punch some holes in the government's victory. Now even that is uncertain."

"I think there is a real possibly Microsoft could win the whole case," said Bill Kovacic, an antitrust professor with George Washington University Law School. "After the last two days one can imagine a chain of events where the whole case collapses and nothing is left standing." Bob Lande, an antitrust professor with the University of Baltimore School of Law, shared similar sentiments."

"...the whole case essentially hangs on monopoly maintenance, which could collapse if the Court of Appeals decides Netscape posed no competitive threat to Microsoft, or Microsoft's competitive actions did not prevent Netscape from effectively distributing its Web browser. The Court of Appeals dismissing either point would likely lead to a complete reversal in favor of Microsoft, Kovacic said. "This is not inconceivable at all," Lande agreed."

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