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Technology Stocks : MSFT Internet Explorer vs. NSCP Navigator

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To: Dabbler who wrote (21355)11/11/1998 1:50:00 AM
From: Gerald R. Lampton  Read Replies (1) of 24154
 
Again, a very nice factual discussion.

How will Microsoft respond when the government shows, either through internal e-mail, expert testimony, or through whatever evidence they may have, that, in fact, Microsoft's proffered technical justifications for pressuring Intel on NSP are not plausible at all, but are merely a pretext for product integration decisions intended in reality to suppress competition?

These types of issues, plausibility of proffered justifications for certain decisions, pretext, and whether a given decision was in fact motivated by illegally discriminatory animus come up all the time in employment discrimination, Title VII and Section 1983 cases.

I am not suggesting that the court will import the McDonnell-Douglas v. Burdine test wholesale into antitrust law, or even that it would make sense to do so. I'm just saying that it may be an analogy that might throw some light on the problem and is worth exploring.
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