States Ask Judge to Bar New Microsoft Witnesses

Attorneys for California, Connecticut, Massachusetts and six other states told U.S. District Judge Colleen Kollar-Kotelly that Microsoft had used a "hide-the-ball" tactic by naming 23 new witnesses in the case Friday, only hours before the deadline.

The states accused Microsoft of trying to delay the proceedings and argued that the judge should not allow Microsoft to present 16 of the witnesses because the company had shown a "blatant disregard for this court's schedule and for the reasonable and appropriate conduct of litigation."

"By adding 23 previously undisclosed witnesses to its final witness list (at the last minute), Microsoft is obviously trying yet again to derail this remedy proceeding to the detriment of consumers and competitors who continue to be harmed by Microsoft's monopolistic conduct," the states said in their motion filed Monday.

Witnesses to Specify Harms--Microsoft

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Microsoft says the company needed many witnesses because the states have proposed drastic sanctions, including forcing the company to sell a stripped-down version of its Windows operating system.

"It is important that the court hear from consumer and industry witnesses on the harms they would suffer under the state proposals," it said in a statement. "The non-settling states are seeking remedies that go far beyond the appeals court rulings and they don't want the court to hear about the negative impact their proposals will have on consumers, on the industry and on the economy."

The list includes witnesses from computer manufacturer Compaq, chip maker Advanced Micro Devices and retailer Best Buy, as well as executives from the telecommunications and cable television industries.

"With a decision this important, the judge needs to hear from the entire industry, not just [Microsoft's competitors," said Jonathan Zuck, head of a pro-Microsoft trade group called the Association for Competitive Technology.

An appeals court in June dismissed parts of the landmark case against Microsoft, but upheld the original trial court's ruling that the company violated antitrust law by illegally maintaining its monopoly in PC operating systems.

States Split

The Justice Department and nine states in the case have signed on to a settlement that would, among other things, give computer makers more freedom to feature rival software.

But the nine other states have refused to sign on to the settlement and are pressing for more severe remedies in court.

In addition to the hearings on sanctions, Kollar-Kotelly must also decide in separate proceedings whether the Justice Department settlement is in the public interest. Legal analysts have said the company could strengthen its case if the judge endorses the settlement before remedy hearings begin.

Kollar-Kotelly has scheduled hearings on whether to endorse the settlement for the week of March 4. Hearings on sanctions are slated to start on March 11.

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