Chicago economist Kevin Murphy commented briefly on CKK Microsoft ruling this morning. His take was that the Microsoft case was a hard one to decide, and remedies in particular were very difficult to work out to maximize social good. He also mentioned how the politicization of the Attorney General's office, how it's transformed into a "learn to be Governer" role, means that Attorney Generals are more interested in staying in the limelight that enforcing laws and defending the public interest, and this became an issue in DOJ v MSFT.
People who applaud the nine dissenting States who are considering appealing the CKK decision should bear in mind why they are doing it. Certainly, their alternative settlement proposal was ludicrously not in the public interest. This isn't to say that I think the current settlement is any good--I think it's terrible--but I don't view the politicization of the Attorney General's office as a good thing either.
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