Quotes by Spencer Waller

“Theyre already implementing some of [the conduct remedies], and my guess is that they are prepared to negotiate about almost all of the rest, ... If youre not talking about a breakup of the company, its very likely this case will settle if the states agree with the position that the DOJ is taking.”

“I think it strongly suggests they (Netscape) believe the (proposed) settlement will not restore competition in the market, that its not enough for their needs.”

“I dont think its a wildly adventurous case, but it shows theyre looking at types of competitive restraints they didnt before. Id sort of look at the governments ability to prove that there is a harm to competition in the sense of either effects on prices, or on the offering of new services in the markets theyre concerned about. This isnt a slam-dunk where you prove something and you win. This case involved the economy, and its much more complex.”

“I dont think they want to be perceived as doing a lay-down in some kind of face-saving settlement, especially where that wont end the case, with the states going forward.”

“If Microsoft wants to paint a picture of judge that is biased, this gives them a little more ammunition.”

“If they dont do it in this case, I cant imagine why they would ever do it.”

“The purpose is so that important cases brought by the government can get definitive resolution quickly and be sped to the top of the ladder. This is the most important case that the government has brought in a generation, so I think it bears the strongest chance.”

“This case is forward-looking enough, dealing with the Internet and other technologies, that the outcome wont be useless once its all over.”

“I was a little surprised at the tone. It was stark, dramatic and unequivocal.”

“I had expected there to be some more hearings. I would have expected him to entertain witnesses, but not engage in the full-fledged discovery that Microsoft wanted. That would have given them a little victory, and to the extent where if the court of appeals disagrees with him, it would be on the merits, not the process.”