How high will Microsoft fly? Message Board

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Technology Stocks : How high will Microsoft fly?

MSFT 492.54

+1.2%

12:38 PM EST

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To: Charles Tutt who wrote (46622)	6/14/2000 9:09:00 AM
From: Insitu	Read Replies (2) of 74651

Charles--I agree with almost every one of your posts, but let's admit that this is a major victory for MSFT. You are correct that the decision to take the case by the appeals court is no news because they have to. But the en banc review at the start is big news. It's stunning. I've never heard of such a thing. It was always a long shot that the Supreme Court would take this directly and this stunning move makes it even less likely. The lineup of the seven, includes 4 who have in prior rulings or antitrust law publications expressed views favorable to MSFT's position and the other 3 while appointed by Democrats have never expressed any views one way or the other to my knowledge. For all those out there who believe that the law is determined by politics or bias, this has to be viewed as a major victory for MSFT. On the other hand, I am a firm believer in the rule of law and I believe that 7 judges will be guided by the past 100 years of antitrust law rather than bias or politics (as I believe TPJ was). The MSFT whiners will have nothing to whine about if this panel rules against MSFT. This is as good as it gets for MSFT. The stock should pop up today because this news is so unexpected and so favorable to MSFT. But, long term I expect that this panel will uphold the monopoly finding (which will lead to the billions and billions of private lawsuit damages discussed on earlier posts) and they will uphold most if not all of the conduct remedies. The law here has been extremely clear since at least the Alcoa case in 1944 or so. I think they may toss out the breakup and charge TPJ to come up will something else instead of a breakup (perhaps a massive fine or a cap on Windows license fee of $9.95 per desktop or something else). But time will tell. JMHO.

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