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


To: Captain Jack who wrote (40263)4/1/2000 9:30:00 PM
From: Michael Young  Read Replies (1) | Respond to of 74651
 
<<Private plaintiffs
can recover triple damages and legal fees and need only show
that the company illegally threw its weight around if the
government has already won a judgment of monopoly power>>

That assumes the government keeps those rulings on appeal. And a private litigant must show ACTUAL, QUANTIFIABLE damage to ITSELF. Not just that MSFT acted illegally.

Antitrust isn't the typical tort litigation that most know. A much different beast. I'm not even sure who the plaintiffs would be. Lawyers will try to form various "consumer groups" for the purposes of showing injury. But that would be a tough road to hoe. MSFT's major competitors would shy away from that kind of litigation, for various reasons.

Antitrust law isn't amenable to the typical "shakedown" litigation many tort lawyers love.

MIKE