The government was snookered by Netscape into assailing Microsoft for its predatory conduct.

It has expanded into a larger Government argument that Microsoft engaged in predatory conduct with rivals.

Mr. Schmalensee was standing before a sketch board presenting theoretical examples of predatory and nonpredatory conduct.

Later, Mr. Schmalensee quarreled with Mr. Fisher's testimony that an economist ought to consider a company's intent when determining whether it was engaging in predatory conduct.

Intent could not be inferred by evidence of unfair or predatory conduct alone.

The case against Microsoft has broadened in scope, encompassing new charges of predatory conduct against big-name rivals.

But Microsoft doesn't seem to have engaged in that kind of predatory conduct in recent years, he said.

And when finally challenged in court, both shamelessly denied the undeniable evidence of their monopolistic ambitions and predatory conduct.

How the public judges the case will depend on the evidence of predatory conduct behind the scenes brought by the Justice Department.

The investigation, he said, had exposed "a pattern of predatory conduct."