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

To: ericneu who wrote (10918)	9/22/1998 6:29:00 PM
From: Rusty Johnson	Respond to of 74651

Upside, October 1998 .. Preview of MSFT vs. DOJ There's an article in the latest issue of Upside worth reading. Apparently it is very difficult to prove that a company has "improperly used its monopoly powers". Joe Sims, Attorney for Jones, Day, Reavis & Pogue, Washington D.C. "Section 2 cases are hard to win, period," says Sims, echoing other antitrust lawyers. The burden of proof in a Section 2 case requires not only that you prove the person is a monopolist ... but also that [the] company doesn't have a legitimate business justification for what it's doing. The case law on this front can be boiled down to, 'Even if you can prove the guy has a monopoly, and even if you prove he's acting like a monopolist, if he's got a legitimate business [reason] for doing what he's doing, he still wins.'" Obviously this is MSFT's defense strategy. Sam Miller, Folger Levin & Kahn, San Francisco "It's always hard," Miller says, to prove a company has crossed the line from hard-core competition, which is perfectly legal, into anti-competitive activity." FWIW. (For a second I thought I was on "The STARR Report" thread.) Best of luck.