What if a trucking company with a monopoly released a truck that could only be hitched up to a particular type of trailer, which they also made. Warden said that that would be a violation. If the company saw a plausible benefit to consumers in the design stage, tying can be permitted. However, companies can't use subsequent, unforeseen benefits to justify anti-competitive behavior, the DOJ argued. Surprisingly, the oral arguments are not drawing the crowds this case has seen in the past.
Empty seats are available in the courtroom and there is no line to get inside.
So far, the tone of the hearing has been fairly collegial. Before the hearing began, Microsoft chief counsel William Neukom went over to shake hands with Joel Klein, one of the lead prosecutors in the case. Both sides have also avoided flamboyant, stentorian stances during today's arguments. Rebuttal arguments will take place later in the day. Inc. All rights reserved.