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To: Daniel Schuh who wrote (19710)	5/26/1998 11:01:00 AM
From: Gerald R. Lampton	Read Replies (1) \| Respond to of 24154

Netscape has always denied any plan to file its own suit, but if other actions go against Bill, you'd have to say they'd be irresponsible not to. Once DOJ wins its suit, Netscape may be able to take advantage of a legal doctrine called "collateral estoppel" or "issue preclusion." This doctrine holds basically that, once Microsoft has litigated an issue in one lawsuit and lost, that issue is deemed conclusively decided against Microsoft in all future lawsuits. So, if DOJ were able to get a ruling that Microsoft is a monopolist in its present lawsuit, Netscape could probably use that finding to prove the same element in its own antitrust claim against the company. Barksdale said at the Hatch committee hearing that the reason he doesn't bring an antitrust claim against Microsoft is that his company can't afford it. But if DOJ does all the heavy lifting on getting the elements of the claim proven, I would imagine that Barksdale's calculus could change.