The Problem With the Stacking of the Higher Courts

The judge in this case specifically pointed out by Matt Stoller who we've had on in the past Rob interviewed them. You know the problem with the stacking of the higher courts is that it means that all of the lower records immediately lose their efficacy because if you appeal up enough times you will get to the court. There was nothing preventing the judge from putting essentially extra fire underneath Microsoft and Activision by saying explicitly or just implicitly they could either pay a several billion dollar fine or like renegotiate and extend out. The kind of judges that are assigned are then not only deferential to sort of like bork style interpretation of how we should do corporate mergers but also well I mean Microsoft said that they