“I think Microsoft has been a very difficult client. They've made it harder for their lawyers to exercise professional judgment where the case might go because they've been very dogged about standing firm.”
“One overall problem for the government is that after all the e-mail smoke clears, the government has to show where the consumer injury is. It can't just look like the competition has been hurt.”
“One strong point for the government is the test on pricing from [Massachusetts Institute of Technology economics professor] Franklin Fisher, who indicated Microsoft charges prices that are higher than they would be in a competitive market. That's the kind of thing the government wants on appeal.”