How high will Microsoft fly? Message Board

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Technology Stocks : How high will Microsoft fly?

MSFT 490.17

+0.7%

3:34 PM EST

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To: t2 who wrote (33084)	11/8/1999 9:05:00 AM
From: pagejack	Read Replies (1) of 74651

These are my thoughts on settlement. You should know that I am long on Microsoft, in at 78, and spent 18 years as a federal gov't trial attorney. I don't think that prospects for a settlement are all that dim. MSFT, obviously, has a whole lot of incentive to settle so I won't discuss that aspect of the picture. However, the Gov't (the Feds, and maybe to a lesser degree the states) have their own reasons for settling. One of the biggest considerations in deciding to file a Sherman Antitrust action is the length of time it takes to prepare, try, and appeal such a complex legal case. It takes a whole lot of lawyers for many, many years. Many legal analysts have already noted that the Microsoft case has moved forward very quickly . Bringing the case to a speedy and successful conclusion would invigorate the deterant effect of the Sherman Antitrust Act and free scarce gov't resources for other cases. Good trial lawyers and litigators (DOJ fits into that category) also recognize that great cases can go bad very quickly and that a bird-in-the-hand is worth two-in-the-bush. The unknown factor in this analysis is the effect that the participation as plaintiffs and parties by the numerous states. Some of the Attorney Generals may have political reasons for wanting to continue the case. OTOH, a victory always looks better before the election than after . And, I would also question whether any state (or combination of states) would be prepared to proceed alone if DOJ notified the states that it had reached an acceptable settlement with MSFT. IMHO, settlement of this case is possible if MSFT is willing to make significant changes in the way it operates.

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