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Wired: DOJ Lawyer Prefers a Trial

“Justice Department antitrust chief Joel Klein, who is handling
the landmark Microsoft case, said Thursday he likes to see
important antitrust cases go to trial rather than get settled.”

“Without ever mentioning Microsoft by name, Klein told an
American Bar Association antitrust workshop he takes pride that his
division emphasizes litigation instead of settling cases. …
Klein said it is important for courts to adjudicate antitrust
cases because that is the way antitrust law is brought up to
date.

Federal Trade Commission chairman Robert Pitofsky and legal
scholars have also emphasized the importance of litigation in
establishing antitrust precedents. … Experts say the Microsoft
trial may set important precedents if it ever goes to the Supreme
Court, instead of being settled.”

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