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Strategies & Market Trends : Gorilla and King Portfolio Candidates
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To: Mike Buckley who wrote (23364)4/24/2000 11:17:00 AM
From: saukriver  Read Replies (1) of 54805
 
MSFT might still "win" the DOJ suit on appeal. But a "win" will not be a win. That is, merely trimming the scope of the remedy (from, e.g., breakup to behavioral constraints) is not enough for Microsoft to win.

That's because the findings of fact issued in November can, under circumstances where there is a trimmed-back judgment v. MSFT, still be used by private plaintiffs in litigation v. MSFT. The private plaintiffs can submit the findings of fact without having to prove them over again. They just have to show their damages and perhaps a few other things. In effect, those findings of fact turbocharge the private litigation. (Think of tobacco litigation where the causation has already been previously established and the smoker's estate just has to prove its damages).

To win, Microsoft has to set the entire trial court process aside as unfair. Best grounds to attempt that would be the judge's limitation of each side to 12 witnesses. But the government's retort will likely be that it took over one year to get through a trial with 24 witnesses. Imagine how long the trial would have taken had the trial judge allowed more witnesses? And, it is not like more witnesses would have helped Microsoft. Each new Microsoft witness seemed to have his own history of damaging email. But unless Microsoft knocks the trial out completely, if for example the remedy is merely trimmed back, I don't see how it "wins." The FF nevertheless become settled (not subject to relitigation). The private litigation is thereby turbocharged.

MSFT has shown itself to be just lousy at managing one big trial. Imagine what will happen when it has to manage active court dates and competing issues in several hundred lawsuits.

This could be a great time to buy this gorilla. Its projected slowing PC sales have really damaged the stock to the point where institutions appear to be dumping it this a.m. It also could be a lousy time to buy this stock. In any event, it is a risky time to buy this company that is about to be consumed in private litigation, likely turbocharged, that it has shown little ability to manage.
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