To: Benny Baga who wrote (4510 ) 5/24/1998 9:57:00 AM From: jjs_ynot Read Replies (1) | Respond to of 8545
Here is a posting from the Tech Stock Options Thread. It is pretty speculative but suggests civil antitrust action against Microsoft if DOJ is successful.To: Gersh (43757 ) From: Gersh Saturday, May 23 1998 9:27PM ET Reply # of 43841 post.messages.yahoo.com . =============================================================== The problem with Microsoft's "business model," is that it is riddled with business practices which are illegal under the antitrust laws (as well as the trademark laws, with respect to the trademark infringement action which 3Com has brought against Microsoft in Europe, arising from the "PALM" trademark for hand-held computers.) As for Netscape, probably its single biggest asset is its multi-billion-dollar antitrust claim which it has yet to bring, but surely will, against Microsoft. No doubt, Netscape would like to await a final judgment in the DOJ's case, if possible (which now seems in the cards), before filing a private civil antitrust action against Microsoft under 2 of the Sherman Antitrust Act. If the DOJ can establish certain facts and issues against Microsoft in the pending U.S. v. Microsoft litigation, then Microsoft can expect to be collaterally estopped in a subsequent private civil action brought against it by Netscape. Netscape did NOT retain Robert Bork simply to make television appearance or to write Op-Ed pieces in The Wall Street Journal or The New York Times. Under the antitrust laws, depending upon how damages will likely be measured (e.g., compensatory damages for loss of market share in relevant market, i.e., the web browser market, etc. - one possibility), whatever Netscape may be awarded, which can easily run into the hundreds of millions of dollars, if not billions of dollars, will be TRIPLED in accordance with the antitrust law. Netscape would also be entitled to attorneys' fees from Microsoft. Thus, if Microsoft loses to the DOJ later this summer or this fall, look for Netscape to follow-up with its own multi-billion dollar antitrust action against Microsoft and, remember, if Microsoft loses to the DOJ, it will likely be BARRED from re-litigating any issues necessary to support the final judgment against it. In other words, if Microsoft loses to the DOJ, for all intents and purposes, Microsoft will be barred from defending its actions again in a separate suit to be brought by Netscape, i.e., Microsoft will be barred from presently a defense! The reverse, however, is NOT true. Microsoft can defeat the DOJ (which, frankly, seems extremely UNLIKELY), however, this would NOT bar Netscape from establishing its claim against Microsoft anew. Because Netscape is NOT a party to the present DOJ/Microsoft litigation, Netscape can only benefit from an adverse ruling to Microsoft, but will not necessarily be harmed by a favorable ruling to Bill (which, again, does not seem to be in the cards.) Not being a party to the DOJ action, it is not bound by any potential ruling adverse to its interests, as a general rule. Either way, Microsoft has NOT heard the last of Netscape. Netscape has a billion-dollar plus antitrust claim against Microsoft and, in due course, that claim will be prosecuted.I do NOT work for Netscape, but I can virtually guarantee it!!! =============================================================== The above was a post on the Yahoo MSFT thread. Gersh