How high will Microsoft fly? Message Board

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Technology Stocks : How high will Microsoft fly?

MSFT 483.03

+0.5%

Dec 5 9:30 AM EST

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To: John F. Dowd who wrote (18571)	3/22/1999 9:42:00 PM
From: RTev	Read Replies (1) of 74651

Jackson more than anyone wants a settlement as he would not like to be overturned yet again. I doubt that's much of a consideration, but sure, he'd like a settlement just as every judge likes to see a settlement in any civil suit that comes before him. Why? It saves him and his staff a great deal of work -- especially when it's a case as complex as an antitrust case. But would he become more favorably disposed toward Microsoft if they talk but fail to settle? I really doubt it. Why would he favor a defendant when the trial has left their case in shambles? Those were far more than theatrics. Boies managed to weaken the credibility (and thus the "facts") of witness after witness put on the stand by Microsoft. So if Microsoft goes into settlement talks with nothing significant to offer, they will simply look recalcitrant. The judge is just as likely to become even more miffed at them. But will any of that matter? Probably not. I doubt Microsoft will settle before a verdict. I doubt they'll settle even after a strongly negative verdict. No matter how much it costs. No matter how much energy it drains, Microsoft seems prepared to fight this. And maybe there is hope: salonmagazine.com Tripping the antitrust scales How the right helped make the federal courts safe for Microsoft It's not just that the particular court certain to hear any appeal is dominated by conservative Reagan-Bush appointees who look askance at government intervention in the economy -- although that certainly helps. More troubling, say some antitrust experts, is the entire federal judiciary's resistance to aggressive enforcement of the antitrust laws -- a reluctance that may in large part be due to the influence of a well-funded campaign to exalt one particular school of legal thought over all others: a discipline known as "law and economics."

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