But it's certain that no matter how long Microsoft is prepared to litigate, it can't hope this case will fizzle out entirely, as the big IBM antitrust suit did in 1982. Even if Judge Jackson reaches too far and is then overturned on appeal, he'll get a second chance on remand. In an antitrust case of this kind, a trial judge's encyclopedic findings of fact are going to culminate in some kind of remedy, sooner or later. Once the remedying begins, it won' t soon end. Complex remedial decrees invariably kick off endless rounds of follow up bickering.
Costs mount quickly.
Private lawsuits follow. And antitrust law awards triple damages. If Microsoft's commanding position were really attributable to nefarious bundling, then splitting the company would weaken both halves. But if this isn't true, then the two halves will emerge even stronger, once the immediate pain of halving passes. Stronger, in part, because this is the only real way to put a halt to creeping paralysis by lawyer.