I read a post on another site which was an analysis of the FTC appeal that speculated they're (as in the FTC) going to attempt to get Microsoft to make more commitments and then tell the judge they're fine with the deal. Now, I have *no idea* if any of that is true because I clearly cannot see the future, but if that does indeed come to pass, then that is activity that should have been done in the initial case; not in the appeals, since they wouldn't be negotiating from a place of strength.
If that's what ends up happening, it would make the current FTC, in my eyes, even more incomprehensibly ill-prepared than I imagined, since you'd--again-- want to negotiate from a place of strength.
Even funnier would be MS agreeing to the conditions, which would also reveal their (possibly significant) level of desperation. Though, you'd imagine they're feeling emboldened after what happened yesterday.