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Technology Stocks : How high will Microsoft fly?
MSFT 472.22-1.3%Nov 21 9:30 AM EST

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To: JP Sullivan who wrote (33831)11/12/1999 5:05:00 AM
From: RTev  Read Replies (1) of 74651
 
In the event MSFT settles with the DOJ before the judge issues his final ruling, will MSFT still be considered a monopoly? Can the other states refuse the settlement and press for a final ruling?

Maybe and Yes.

There seems to be a disagreement among lawyers on whether the FOF will have any legal ramifications if there is a settlement. Most stories I've read have said that it will have only minimal effect without a final ruling on law. Unfortunately, disagreements like that usually mean that someone somewhere is sure to try to use it in a case no matter what happens.

This story deals with the issues: washingtonpost.com
Although it's been posted here in the past, I can't find it in the mass (and mess) of messages, but one of the stories last week noted that different circuit courts tend to deal differently with findings of fact that don't get to a final ruling. As I recall, it said the the ninth circuit gives greater weight than most to such findings. If that's true, it could be a problem since both Microsoft and the California computer companies are in the ninth circuit.

Although it's highly unlikely, it would be possible to forge a settlement with DOJ (or with an individual state) without settling with all the states.
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