[link|http://www.washingtonpost.com/wp-dyn/articles/A51482-2002Mar6.html|Here]. From that reading of the story, I think it's too early to tell how CK-K will rule. She seemed interested in the lobbying aspects of the Tunney act, and some technical issues, according to [link|http://www.washtech.com/news/regulation/15518-1.html|this] story.

Kollar-Kotelly said she was concerned that the settlement plan includes a much narrower definition of "middleware" than that defined in an appeals court decision last summer, which upheld findings that Microsoft had illegally abused its monopoly in the operating systems market.


It seems to me that if she was just going to roll over that these questions wouldn't have been necessary. I might ultimately not like her final ruling, but she seems to be considering all of the issues.

[link|http://www.washingtonpost.com/wp-dyn/articles/A51991-2002Mar6.html|Q&A about the case and CK-K's options] from Washtech.com.

If the judge approves the federal settlement deal, can she then impose other sanctions sought by the states?

These are uncharted legal waters, and this is where things get really murky. If the judge approves the agreement before the hearings with the states are concluded, legal experts say it will be a strong signal that she is unlikely to impose additional sanctions sought by the states.

But she could do so, in effect adding provisions to the agreement. Or the judge could decide not to rule on the agreement until after she has heard the evidence in the states' case. This could allow her to issue one set of sanctions.

Many other options are available to the judge, who has not said how, or if, she will marry the two proceedings.


It'll be interesting. I hope she does the right thing.

Cheers,
Scott.