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Pastimes : The Naked Truth - Big Kahuna a Myth
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To: BGR who wrote (73943)11/5/1999 10:36:00 PM
From: Ken98  Read Replies (2) of 86076
 
BGR, everyone is WRONGLY focusing on the break-up element of the antitrust cast against softie - the antitrust laws which MSFT was just found guilty of violating are BOTH civil AND criminal.

By focusing only on the breakup aspects of a remedy, talking heads are ignoring the criminal / punitive nature of the antitrust laws in addition to their civil component. As punitive statutes, the antitrust laws are designed to PUNISH past illegal conduct in addition to stopping future conduct.

The punishment element of these statutes includes forcing the violator to puke up (disgorge in legalese) the "ill-gotten" profits of the monopoly. And in certain instances the violator has to pay TRIPLE damages.

I have not heard a single commentator focus on this element of the case - the fact that MSFT is now exposed to monetary damages in the BILLIONS of dollars!

Don't you think that every two-bit plaintiff's lawyer (sorry Cobalt, not directed at you) and AG are going to come after MSFT for damages claims now? MSFT deserves to pay mightily for their illegal actions and I hope they do.

And a little tidbit - this judge's findings of fact will be binding on MSFT in a future state court lawsuit (and are almost impossible to overturn on appeal). Easy pickings.

I have not looked at the whole opinion yet, but I will over the weekend. From what I have seen so far it is VERY favorable to the government.

Have a good weekend, Ken.
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