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To: Daniel Schuh who wrote (21089)	10/14/1998 3:51:00 AM
From: Harvey Allen	Respond to of 24154

This is the reference to Microserf testimony in the 1995 trial. I was mistaken. It was an internal document referred to not court testimony. The second document is even more specific. In a selfevaluation, a Microsoft employee wrote, "I developed a rollout plan for QuickC and CS that focused on minimizing Borland's first mover advantage by preannouncing with an aggressive communications campaign." (emphasis added) These documents indicate that the highest officials of the company knew of the practices that were utilized to impact adversely on the market plans of a competitor. Whether the documents are actionable or not, certainly at a minimum they require explanation from the parties. No satisfactory explanation has been given. In rereading Judge Sporkin's Memorandum I was really taken by how he chides the government for a less than vigorous prosecution. Let's hope for better this time. antitrust.org