How high will Microsoft fly? Message Board

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Technology Stocks : How high will Microsoft fly?

MSFT 465.93

+3.3%

Jan 23 9:30 AM EST

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To: XiaoYao who wrote (11803)	10/26/1998 5:28:00 PM
From: John F. Dowd	Read Replies (1) of 74651

To XiaoYao and all MSFT Shareholders: There is harm. The harm is being done to the MSFT shareholders. This whole suit is not the concoction of the US government but that of a sour grapes competitor who couldn't stand not having 90% of the browser market. To this end Warden took great pains today to show the conniving treachery employed by NSCP to bring this action about. Taken from report of TechInvestor: Microsoft lead attorney John Warden grilled Netscape president Jim Barksdale about documents subpoenaed from the government, saying they show Netscape set up the meeting and then deliberately characterized it in such a way as to bolster an antitrust case against the Redmond, Wash., software giant. The meeting itself occurred on June 21, 1995. One day later, Assistant Attorney General Joel Klein issued a Civil Investigative Demand (CID) to Netscape, requesting information about its dealings with Microsoft. The following day, Gary Reback, a lawyer working for Netscape, sent a letter to John Jacobs at the U.S. Justice Department. Microsoft had subpoenaed both documents, which were only turned over to the company this Saturday. Warden on Monday tried to show that Netscape vice president Marc Andreessen talked to both in-house counsel as well as Reback about the meeting in hopes of spurring government to action. Barksdale said Netscape had not contacted the Justice Department prior to the June 21 meeting. Warden asked if Netscape counsel had requested that Justice issue the CID the day after the meeting. Barksdale answered: "That was not my understanding." Warden then suggested Barksdale discuss the question with Netscape counsel Roberta Katz at the next recess to see "if what I say is not the truth." Warden's contention is that Netscape started responding to the CID even before the government issued it. Microsoft has long maintained that Mountain View, Calif.-based Netscape is using the government's antitrust action to protect it from competition. Microsoft also filed for sanctions against the government for not turning over the documents earlier. In its motion, Microsoft characterized the June 21 meeting as "a setup." John Dowd

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