How high will Microsoft fly? Message Board

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Technology Stocks : How high will Microsoft fly?

MSFT 492.01

+1.3%

Nov 28 9:30 AM EST

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To: Stormweaver who wrote (21990)	5/3/1999 10:15:00 PM
From: RTev	of 74651

If they had filed suit at the time they would have been protected against price retribution from MSFT by the courts; You have a point there. If the pricing had been what lawyers call "egregious" (when they could just say "very bad"), then someone would no doubt have filed a private suit. It didn't happen, probably because the contracts weren't all that bad -- enough to grumble about, but not enough to go through the huge expense of a law suit. Microsoft had, after all, just walked away from the prior antitrust suit that was concerned with licensing practices. They were being careful. The DOJ didn't make this issue a major part of their case, probably because it has those weaknesses. But a number of today's articles point out that IBM's testimony can be important in rebuttal because Microsoft has claimed both in court and out of court that customers were not harmed. IBM's testimony, combined with email from Compaq that was introduced as evidence and with some of the deposition testimony, can shed doubt on that claim. It's probably not enough to destroy the claim, but it can weaken it.

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