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.

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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.

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The old story in antitrust cases is that the government wins the battle and loses the war. The question is: What do you get in relief?

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