According to antitrust experts, arguing that a Yahoo pact makes Google too powerful isn't a good enough argument. "I see [Microsoft] exercising political jargon
here. It's surprising," says Glenn Manishin, an antitrust and technology policy lawyer at Duane Morris. "Every antitrust lawyer would agree big isn't bad. Bad is bad." And by "bad," Manishin means
driving prices upward. Since search is an open market, it's not as susceptible to price gouging as other markets.
The Fortune report points out that Google and Yahoo could conceivably start their business arrangement today, since only mergers above $50 million need federal approval beforehand. Manishin adds that it's not uncommon for deals of this size to receive some federal scrutiny, but Bush Administration appointees at the Department of Justice tend to favor large deals.