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Technology Stocks : How high will Microsoft fly?

MSFT 507.49

-0.6%

3:59 PM EST

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To: Ibexx who wrote (12465)	11/23/1998 12:37:00 AM
From: Paul Fiondella	Read Replies (5) of 74651

Try Monday for that explosion. So long as Netscape existed as a company, and assuming a finding against Microsoft in Judge Jackson's Court, there would be the so what phase of the trial. That is what remedies should be demanded by the Justice Department against MSFT for having used its monopoly power to thwart NSCP's browser. MSFT could pretty logically argue that none were needed since NSCP doesn't exist anymore by virtue of having sold itself to a company which had a larger market share than MSFT of the internet business and nothing the Justice Department could demand would restore competition in the context of the original misconstrued case. AOL's buyout leaves the Justice Department without any remedies in the context of this particular case and Microsoft with a good argument. Justice would have to argue that the buyout somehow continued to reduce competition and was forced upon NSCP when in fact it seems to increase it and is a friendly merger. Microsoft might very well bring Barksdale back into Court and Microsoft might just hammer home these arguments and ask the Judge to dismiss the entire antitrust action. The only way that the Justice Department can continue is to make the case focus on what the Bristol Connecticut companies case always focused on --- MSFT's use of its Window's monopoly to force applications companies like Realnet? (Real Audio) out of business. That isn't the current case. Again Justice has screwed up. Just like they did in the consent decree, and just like they did with trying to use a violation of the consent decree to graft an action against Win98 onto the Win95 consent decree violation case--- thrown out by the Court of Appeals. I'd say that MSFT is going to go through the roof tomorrow if people start to grasp the consequences of what has happened as a result of this imminent merger.

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