JCJ, consumers of MSFT products can be part of a class action suit against MSFT. SUNW, Netscape, AOL and others may have individual suits against MSFT. I don't think we, in our capacity as shareholders of SUNW, can be part of a class action suit against MSFT.
One of the key elements whether SUNW should bring suit against MSFT depends upon the damages SUNW has sustained, if any, as a result of MSFT's actions. Such a suit will probably have to be commenced before MSFT exhausts its appellate remedies in the antitrust litigation so as to avoid statute of limitations issues. Of course, to the extent that SUNW bases such a suit solely on the District Court's findings and conclusions, a reversal on appeal of the District Court's findings and conclusions would moot SUNW's action. However, SUNW may have other grounds, not heretofore litigated, upon which to base an antitrust suit against MSFT.
I would probably be in favor of a suit by SUNW against MSFT provided that there is a likelihood that the District Court's findings and conclusions will be sustained on appeal and other large companies, like AOL, Netscape or ORCL, commenced suit as well.
I wouldn't be in favor of SUNW going it alone.
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