"The Supreme Court's decision to send the Microsoft antitrust
case to a lower court first will buy Microsoft time. And the more
time that elapses, the less relevant the case becomes, analysts
"The Supreme Court knew it would benefit from the D.C. Court of
Appeals taking the first crack at the case, said Hillard Sterling,
an antitrust attorney at Gordon & Glickson in Chicago. The
Supreme Court always benefits from the decision-making of its
mid-level appellate brethren, he said. "The Supreme Court just
doesn't do well with messy factual and legal issues that come
straight from district court judges," the attorney said."
"It is much more likely than not that Microsoft will succeed in
getting this decision reversed to some significant degree,"
Sterling said. "Each day makes this case less relevant in the
competitive marketplace," Sterling said. Microsoft continues
as a solid, uniform company as it launches new products and
services, such as its .NET strategy, he added."
"Even if the government prevails in its case against
Microsoft, "the remedy phase will have to be redone because the
world will be different," said Bill Whyman, Internet analyst
at the Precursor Group in Washington, D.C.. That will buy the
software behemoth even more time, he said."
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