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IT Management Linux News for Jan 15, 2001
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Three more class-action lawsuits filed against VA Linux (Jan 15, 2001, 19:50)
"The complaint charges [VA Linux] and certain of its officers
and directors with violations of the federal securities laws. On
December 9, 1999, Linux completed an initial public offering of 4.4
million of its shares of common stock at an offering price of $30
per share (the ``Linux IPO''). In connection therewith, Linux filed
a registration statement, which incorporated a prospectus (the
``Prospectus''), with the SEC. The complaint further alleges that
the Prospectus was materially false and misleading because it
failed to disclose, among other things, that: (i) Credit Suisse had
solicited and received excessive and undisclosed commissions from
certain investors in exchange for which Credit Suisse allocated to
those investors material portions of the restricted number of Linux
shares issued in connection with the Linux IPO; and (ii) Credit
Suisse had entered into agreements with customers whereby Credit
Suisse agreed to allocate Linux shares to those customers in the
Linux IPO in exchange for which the customers agreed to purchase
additional Linux shares in the aftermarket at pre-determined
prices. As alleged in the complaint, the SEC is investigating
underwriting practices in connection with several other initial
public offerings, including the Linux offering and the offerings of
Ariba Inc. and United Parcel Service, Inc."
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CNET News.com: Ken Starr speaks out on Microsoft (Jan 15, 2001, 18:10)
"I am fully satisfied, and I think most reasonable observers
are, that Microsoft enjoys a monopoly in the operating systems
market and that is the appropriate market under the law. I am
further satisfied, based on the evidence at trial and the judge's
very carefully articulated, very comprehensive findings of fact
that Microsoft abused that monopoly power. That is, as Judge Bork
has been saying all along, is the core of this case, the abuse of
monopoly power so as to destroy budding competition and that most
dramatically is demonstrated in the Netscape story."
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