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

“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.”

Complete
Story