MSFT Internet Explorer vs. NSCP Navigator Message Board

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Technology Stocks : MSFT Internet Explorer vs. NSCP Navigator

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To: Daniel Schuh who wrote (23599)	11/18/1999 9:58:00 PM
From: Gerald R. Lampton	of 24154

Microsoft also faces a whole litany of lawsuits should it go the appeals route. Once the judge rules on the case, the findings of fact become admissible in civil antitrust trials, said legal experts. As I mentioned before, the Tobacco Lawyers have already lined up to get their piece of the action. As for how Microsoft's decision whether to settle or fight would affect these other cases, I don't know what would be worse, a stipulated finding that Microsoft is a monopolist, or a settlement agreement. Stipulated findings are kind of abstract. These private cases will undoubtedly be in front of juries, and juries are not very nice to defendants who've settled their other cases. All that boilerplate language about how no one is admitting liability or wrongdoing simply flags for the jury the fact that liability and wrongdoing were in fact at issue. True, settlement agreements are often not admissible, but leave it to enterprising lawyers to find a way around the rules. Plus, you'd have to have just emerged from under a rock not to know about Microsoft and monopolization. They're damned if they do and damned if they don't.

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