NEW YORK (Reuters) - Microsoft Corp. (MSFT.O) shares rose in
early trade on Monday amid optimism on Wall Street about the
appointment of a mediator in the government's antitrust action
against the big software maker.
Microsoft, a component of the Dow Jones industrial average
(.DJI), was up 4 at 90 on the Nasdaq stock market and was the
market's most active issue.
On Friday, U.S. District Court Judge Thomas Penfield Jackson
took a fresh tack to resolve the landmark antitrust suit against
Microsoft, naming a highly respected appeals court judge,
Richard Posner, to mediate.
''Selecting Posner, a conservative on antitrust, as a
mediator could benefit Microsoft,'' Michael Kwatinetz, an
analyst at Credit Suisse First Boston, said in a report.
''We believe the 'DOJ (Department of Justice) discount'
could decline,'' he said, referring to the toll the government
suit has taken on Microsoft's share price.
Kwatinetz re-emphasized his ''strong buy'' rating on
Microsoft shares.
PaineWebber analyst Don Young said Posner's appointment was
''finally some good news on the Microsoft front.''
In a report, he said Posner was ''likely to be far more
favorable'' to the company.
Young said the next legal event could be a strong ruling by
Jackson against Microsoft, in February or March. But he said
Posner's appointment raised the ''real possibility'' of a
settlement.
Posner, 60, heads the U.S. Court of Appeals in Chicago and
is one of the most respected U.S. jurists. He is a leading
proponent of the conservative ''Chicago School,'' which -- among
other things -- altered the direction of antitrust law to rely
less on government and more on the market.
Lehman Brothers analyst Michael Stanek said both the
government and Microsoft would face ''enormous'' pressure to
settle.
He said the likely outcome would be a change in Microsoft's
behavior, not a breakup of the company.
Jackson's appointment of Posner came two weeks to the day
after Jackson found that Microsoft gad used monopoly power to
harm consumers, competitors and other companies. Microsoft has
90 percent of the market for personal computer operating
systems.
The New York Times reported on Monday that lawyers would
file a class-action suit against Microsoft on behalf of millions
of Californians. The suit will allege that the company used its
monopoly power to overcharge buyers of Windows 95 and Windows
98, the newspaper said.