Michael, I do not believe the parties are not motivated to settle. I believe the FOF would have been issued two weeks ago were it not for ongoing settlement discussions which, as you may recall, started months ago. However, if there is no settlement and the FOF are issued, I agree that the judge will, again, urge the parties to settle. It will be a stepped procedure.
I know John Dowd disagrees (and I respect his opinion), but I, like you, feel MSFT will take a hit on the FOF. (At this point I should inject that I am very long MSFT; I have no short position.) I voice no opinion on the propriety of such an adverse determination; only that I believe that will be the outcome. However, the more significant issue, assuming MSFT takes a hit on the FOF, is what will the remedy be?
Perhaps MSFT feels that it can await the FOF and, if they are harsh, still negotiate a settlement, assuming Justice does not harden its position at that point.
Again, this thing should be settled.
All IMHO, of course.
Tecinvestor |
