[Am-info] Re: Netscape v. MS

[ethical@1of1.net]

In a message dated 2002 January 24 (Thursday), timestamp 11:15 AM, 
   on the topic [Am-info] Re: Netscape v. MS,
   sturde@az.com wrote:

"|>Netscape is reviving government claims, rejected last year by the U.S.
"|>Court of Appeals, that Microsoft illegally tied its browser to the
"|>operating system and tried to monopolize the browser market.

IIRC, the Court of Appeals did not reject the tying argument as a
matter of law; the DoJ decided, however, not to correct the defects in
the tying count that Judge Jackson identified in his opinion, so the
matter was not before the court on appeal.  IOW, the matter is not res
judicata.  

"|Bork and Starr commented that there was no business reason for the
"|tying.  They did not disagree with the court of appeals opinion in
"|this respect.  And Bork not only advises Netscape, he knows
"|anti-trust law forwards and backward.

Bork was teaching antitrust at YLS when I was attending YLS; he knows
antitrust law backward all right, but I am not so sure he knows it
forward. 

-- 
-----------------------------------------------------------
T. Guilbert  
"Ethical at One of One dot Net"
Portland, Oregon, United States of America
-----------------------------------------------------------