Bush at the window in the Microsoft case (for now)
If Microsoft hopes that with the arrival of George Bush in the White House, the antitrust process can be said to have been concluded and the conclusions reached by Jackson have been canceled, they are wrong. At least this is the opinion of some experts on legislation on the subject interviewed by ZDNet. According to a large number of university professors, lawyers and observers of the political world, in fact, the new president of the United States is currently unable to give the help that, perhaps, he would like and that Gates could claim, despite Bush repeatedly saying that in his opinion the division into two different units of Microsoft is a wrong move. The reason for the possible inertia of Bush would be twofold. First of all, the president in a position of great political weakness, the senate split in two and his image, after the well-known electoral events in Florida, certainly not at the maximum. In this position, Bush must pay close attention to the steps he will take to not alienate other parts of the public and face the Senate in a difficult confrontation. Secondly, Bush would have, at the moment, no reason to take any initiative because Probably the "dirty job" will be done by the court of appeal. In fact, there is a good chance that the second degree of judgment, in fact, could change the response of Jackson's trial and judgment. "The cost of an intervention at this stage – says Bill Kovacic, professor at George Washington University Law School – is find yourself inundated with a storm of criticism and criticism at a time when Bush does not have some political capital to spend. And then what benefits would it bring? In my opinion, nobody. Finally, history also plays in favor. From 1890 to the present day, no case based on the Sherman Act has ever been won by the Department of Justice. "The scenario that emerges, therefore, could foresee a Bush defiled until the Court of Appeal partially subverted Jackson's judgment. At that point, the separation into two entities of Microsoft would be unlikely and the Government should not do anything to go to meet Gates, but if things were to go wrong or if simply Bush decided that the process should have a turning point before the second sentence the new justice minister John Ashcroft could simply ask to present an additional intervention in which he will announce that he will no longer ask for separation into two companies, or he may decide to find an agreement with Microsoft with the two parties that will close in via negotiation of the dispute, at which point the individual states (19 in all) would remain in the field and could decide to go ahead independently against Microsoft. But their position, without the Justice Department supporting them, would be very weak.