"There was some bewilderment in the legal and journalistic community," Mr. Buckley begins, "when it was learned that the eminent Robert Bork would actively side with the suitors who were banging on the door of the Department of Justice asking for
antitrust action against Microsoft. The reason for the surprise is that Judge Bork is associated with the school that asks for minimum federal activity in the antitrust theater." His Honor leads us pellucidly through both the legal and the technological reasons for his stance: "Most of the people they [Microsoft] deal with are not allowed to mention Netscape to a customer.... They have a whole list of such agreements which do not create efficiency that's beneficial to consumers but only stifle competition." ... "The Department of Justice has indicted or sued people for being successful. And the Supreme Court, in the days of the Warren Court, upheld those cases against successful people. I think no defendant ever won a case in the Warren Court. But the Department of Justice is not that way now, and I know the current assistant attorney general in charge of the antitrust division. He is very bright and very cautious and believes in the free market. He is not out there punishing somebody just because he doesn't like success."
- Hoover ID: Program S1169
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