To: QwikSand who wrote (23218 ) 11/20/1999 12:02:00 PM From: Tecinvestor Read Replies (2) | Respond to of 64865
QS, it has been my feeling that the MSFT case will be settled. The appointment of a mediator is not always a panacea, but it is a step in the right direction. I do not think a settlement will be structured quickly. The process will probably take at least a few months. I think Judge Jackson may delay the issuance of his conclusions of law ("COL") if it appears that settlement talks are progressing in a meaningful way. If it appears to the Court that MSFT is delaying, or that settlement prospects have broken down, I think the Court will issue the COL and apply further pressure to MSFT. I believe MSFT wants to settle this case. Any of their public statements to the contrary are meaningless. I don't believe MSFT wants the COL to issue, for it will commence a new wave of anti-MSFT sentiment. I also believe the MSFT ruling will give rise to the commencement of a number of third party suits, as well as class action and derivative suits against MSFT. There comes a point when even a financial powerhouse simply has to relent and make peace. Look what's happening in in the tobacco industry to powerhouses such as Philip Morris. During the settlement negotiation process I believe MSFT stock will continue to languish. If it is perceived that MSFT will be broken up, then the issue becomes the value of the sum of the pieces. I have heard and read conflicting reports on a "sum of the pieces" valuation and am uncertain about the issue, although my gut feeling tells me that whatever breakup occurs, the sum of the pieces will be greater than the value of the whole. I have always thought that MSFT's loss would be SUNW's gain. I believe one of the reasons for the recent move in SUNW, AOL and ORCL has been the perception that a loss for MSFT was a victory for SUNW, AOL and ORCL. I personally feel that a lot of money has flowed out of MSFT and into SUNW, AOL and ORCL. I do not believe this process has ended and will continue so long as there is uncertainty regarding a settlement or resolution of the case. I have come to believe this case will not be settled on easy terms. I believe the DOJ will hang tough. If the case settles, I believe MSFT will have to come up with something meaningful for the DOJ to accept it. If the case does not settle, I think Judge Jackson's findings will withstand appellate review, and the only real issue is whether his remedies, when issued, will withstand appellate review. Bottom line, I do not believe that because Judge Jackson may be pushing for a settlement that MSFT stock is going to go through the roof and competitors such as SUNW are going to take a hit. MSFT, in IMHO, will never be the same company it once was. I believe, further, that SUNW will continue to grow in prominence and that its stock will not be affected adversely by what does, or does not, happen to MSFT regarding the resolution of the case. Regards. Tecinvestor