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

To: The Duke of URL© who wrote (35098)	12/6/1999 6:37:00 AM
From: pagejack	Read Replies (1) \| Respond to of 74651

Duke, I'm not saying that MSFT won't win on appeal, just that MSFT won't get another bite at the apple. On appeal the judges will look to see if there is "substantial evidence" to support the trial judge's findings of fact and then will apply the law to those facts. The appeal court could find that, as a matter of law, the facts don't establish harm to the consumer but they are not free to disregard the facts. DOJ offered testimony that the consumers had been harmed and the Judge found that evidence to be true. The appeal court will not revisit the trial judge's determination of the weight to be given to that evidence - but they can determine the legal sufficiency of the evidence. I don't know whether "harm to the consumer" is legally (under the Sherman Anti-Trust Act), a question of fact or a mixed question of fact and law. If the latter, then MSFT has a better chance of obtaining a reversal on appeal.