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


To: ed who wrote (35079)12/5/1999 7:59:00 PM
From: pagejack  Read Replies (4) | Respond to of 74651
 
My definition is not important but that of the Sherman Anti-Trust Act is. That law defines monopoly and the case-law interrupting it establishes what "harm" to the consumer is necessary to sustain a violation. Judge Jackson's Conclusions of Law will answer your questions far better than I can.

I have 18+ years experience as a government trial lawyer (not at DOJ) but I did not handle anti-trust cases and am not knowlegable about the case law. However, I do know how hard it is to have an appellate court reverse a trial judge's findings of fact. My prior comments on this subject are in response to comments which seem to think that this litigation has just begun.

Many of the comments here are akin to someone arguing about the result of a football game after watching the highlights Sunday night. It just doesn't matter - the game is over. Although MSFT can string this out through years of appeals, MSFT has lost, and lost badly, at a critical part of the litigation process. All appeals on the law will be argued based upon the facts as found by Judge Jackson and that will have a considerable significance on the issues that can be raised.

I have no personal opinion as to whether MSFT violated the Sherman Anti-trust Act. I do believe strongly that it is in the best interests of MSFT stockholders to have the litigation resolved quickly. And that, IMHO, means a negotiated settlement.