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Thursday, Sep. 10, 1998
Microsoft's late request for evidence may delay trial
Papers pertain to competitors' corporate collaborations
Associated Press
WASHINGTON -- Microsoft is making a late demand for internal documents from several high-tech companies for its defense in the government's upcoming antitrust trial.
The move almost certainly will delay the trial beyond Sept. 23, particularly if any of those companies object to Microsoft's request to surrender the documents by the end of the week and decide to fight in court.
A Microsoft spokesman, Mark Murray, said he ``can't speculate'' about the possibility of a delay, but he called the sought-after documents ``critical for preparing for trial.''
Microsoft wants details about high-level strategy meetings among Netscape Corp., Apple Computer Inc., IBM Corp., Novell Inc., Oracle Corp., Sun Microsystems Inc., Hewlett-Packard Co. and Compaq Computer Corp.
Microsoft, accused by the government of trying to muscle rivals to protect its lucrative Windows operating system franchise, is seeking to show that other companies also routinely collaborate in alliances against common competitors.
In civil subpoenas faxed to rivals last Friday, Microsoft demanded documents about specific joint efforts among companies, such as plans to develop Unix software as a Windows alternative.
``We're going to show Microsoft competitors are doing everything the government accuses Microsoft of doing and more,'' said Murray, the company spokesman. ``We're going to show our competitors were meeting together, collaborating not just on products but on business strategies, explicitly to compete against Microsoft.''
Microsoft had prepared to defend in court its bundling its Internet browser within Windows, which the government argued was illegal ``tying'' under antitrust law because it forced customers who use the popular operating system also to use the company's browser.
But Microsoft is upset about what the government describes as recently uncovered evidence that it acted illegally in high-level meetings to pressure rivals Apple, Intel Corp. and others in broader efforts to protect Windows.
The company has complained that the government is trying inappropriately to broaden its case just weeks before trial, which government lawyers deny.
Sun Microsystems and Netscape acknowledged receiving Microsoft's request. Novell, another fierce rival of Microsoft, declined to comment Wednesday.
``It is quite broad, and at this point we're looking at it,'' Sun spokeswoman Lisa Poulson said of the subpoena. ``We're going to do the best we can to respond in the time we have.''
A Netscape spokeswoman said the company's executives ``are responding to this subpoena, and we intend to respond by the date it's due.''Post your comments about local news eventsFront Page || Main Index || News || Business || Texas || South Texas Outdoors || Birdwatching || Sports || Entertainment || Selena || Education || South Texas Attractions || World Wide Web