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Technology Stocks : How high will Microsoft fly? -- Ignore unavailable to you. Want to Upgrade?


To: blankmind who wrote (35053)12/3/1999 8:06:00 PM
From: Paul K  Read Replies (2) | Respond to of 74651
 
Are you saying the DOJ is pushing arbitration to save face because it doesn't have a case?



To: blankmind who wrote (35053)12/3/1999 8:07:00 PM
From: Alan Buckley  Respond to of 74651
 
I don't think that's significant. Remember, the idea is that the "fact finding" and "legal finding" phases are split up. I'm sure the word "illegal" will be used liberally in PJ's "legal finding" ruling.



To: blankmind who wrote (35053)12/4/1999 1:03:00 PM
From: pagejack  Respond to of 74651
 
FYI, I am long MSFT, in at 78.

Rest assured that Judge Jackson will use those words - illegal, etc. - repeatedly in his conclusions of law.

MSFT is in the same position that it was before the trial started - that is, "there will never be a better time to settle than right now".

Things will only get worse for MSFT (as they have since the trial started) with the issuance of the judge's Conclusions of Law. The longer this matter goes on - the stronger the government's hand in settlement discussions will become.

Those who see Jackson's appointment of Posner as a mediator as an indication of weakness are plain wrong. MSFT can't hope to get a panel of appeallate judges as conservative as Posner. If Posner recommends any settlement, it is a sure sign to MSFT that it can't get better terms from any court or government agency under either a democratic or republican administration. IMHO, MSFT needs to settle ASAP!

Intel demonstrated the far better strategy for dealing with the anti-trust concerns of the government. Settle early, give away relatively little away, allow the government to claim a success and then focus on your business.

Remember, the government does not go away or run out of money.