It is significant that Judge Jackson did not refer to predatory pricing in his Findings of Fact. It may be that he did not wish to include any red rags, anticipating that Judge Posner would be mediating. The acceptance of Chicago School thinking by most judges results from massive fund the training of federal judges by conservative foundations. Th judges are subverted into regarding antitrust enforcement as inherently wrong. Newly appointed federal judges are invited to attend a two-week indoctrination in Chicago School economic ideas at a warm and pleasant resort, often in the Carribean, with all expenses paid.
Most judges accept.
The message they receive is that monopolies are good, and this is reinforced with supporting literature on a regular basis. The Chicago School plays down whether monopolists were avoiding being punished by appealing to American chauvinism. The Bush and Reagan administrations rarely used antitrust law since they were heavily influenced by Chicago-school thinking. The main difference is that the Post-Chicago School accepts that predation does occur, that market forces do not always come to the rescue as new commercial challengers would be scared off and that judicial intervention may be necessary. Few observers doubt that this is the present situation in the PC operating system market.