Microsoft not quitting antitrust fight

NEWS
On Tuesday, in fact, while the software giant sat down with prosecutors in an attempt to negotiate an end to its antitrust trial, Microsoft also stepped up its efforts to obtain access to more information pertaining to the America Online Inc.-Netscape Communications Corp.-Sun Microsystems Inc. partnership. Microsoft served Sun with a subpoena, requesting Sun name an officer or manager "most knowledgeable" about the AOL-Netscape-Sun deal who will be deposed by Microsoft the week of April 12. That individual, whom Sun has yet to name, will be expected to answer questions on the deal and related communications and evidence, according to Sun. A Microsoft spokesperson said the company "is not discussing anything to do with settlement talks." The one-day settlement talks among Microsoft, the U.S. Department of Justice and representatives from the 19 state attorneys general halted Tuesday evening, with no official word on when or if they will resume. Microsoft's subpoenaing of Sun followed by a day Microsoft's filing of an emergency motion to compel the production of all of the e-mail messages relating to AOL's purchase of Netscape and the subsequent technology-exchange deal with Sun. In its filing, Microsoft claimed that the three vendors have produced only a fraction -- three boxes, to be precise -- of the documents to Microsoft, compared to the 120 boxes' worth they had supplied the Department of Justice, which was reviewing the pending AOL-Netscape merger as part of the standard Hart-Scott-Rodino Act merger approval process. "AOL, Netscape and Sun should not be allowed to play 'hide the ball' at Microsoft's -- and, ultimately, the Court's -- expense," read the Microsoft motion. According to Microsoft's motion, the company has sent several letters in the past couple of weeks to the three vendors, seeking the delivery of the additional documents and e-mail in question. Sun is denying it is withholding any pertinent information. "When we received the first subpoena, we did a very thorough job reviewing the documents [electronic and paper] that we have on the deal, and did a complete production to Microsoft," said corporate spokeswoman Lisa Poulson. "After being informed of Microsoft's new motion, we double-checked our production and all of the appropriate sources. We believe we have already provided all of the relevant documents to Microsoft." Judge Thomas Penfield Jackson granted Microsoft's request at the end of last year to seek information relating to the AOL-Netscape-Sun deal, as it could have a bearing on the antitrust trial. The judge issued a court order in January requiring the DoJ's antitrust division to provide Microsoft with a number of documents pertinent to the then-pending AOL-Netscape merger. Judge Jackson granted Microsoft's request to depose one witness each from AOL, Netscape and Sun late last week, but denied Microsoft's request to question seven witnesses total from the three companies, as well as the investment bankers who handled the deal, according to The Seattle Times. The Times said Jackson informed attorneys representing the involved companies of his decision during a conference call. AOL CEO Steve Case will also be deposed by Microsoft the week of April 12, the story added. AOL was not available for comment at press time. Take me to the DoJ/Microsoft page.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

Jack Schofield

@BrownieBoy > Works really well for thieves.... >> Nice attempt to deflect the argument by tossing in a point that's totally >> irrelevant, even...

53 minutes ago by Jack Schofield on AMD Ultrathins to challenge Intel Ultrabooks
raskolnikof

fantastic that the so called piracy bills have been withdrawn. however, these anti-democracy supporters are still in the shadows so lets be alert...

2 hours ago by raskolnikof on SOPA, Protect IP support wavers in face of online protest
Tony Douglas

Please God no; teach them anything you like - thinking rationally, the uses and misuses of data, what data is and what it's not - but leave the...

4 hours ago by Tony Douglas via Facebook on Kids are the future. Teach ’em to code.
BrownieBoy

@Jack, > Works really well for thieves.... Nice attempt to deflect the argument by tossing in a point that's totally irrelevant, even it were...

18 hours ago by BrownieBoy on AMD Ultrathins to challenge Intel Ultrabooks
bootlegger

Make that 13 people now - I got refused today at Manchester airport. I thought I was up to date on this legislation - I knew of the EU ruling from...

21 hours ago by bootlegger on UK airport body scans will not be opt out
tinycg

Don't forget to check out apps like GoodReader or SlideShark either, they're indispensible for people on the go in presentation situations. Best...

1 day ago by tinycg on Four top iPad apps for people on the move
TerryRK

Well it seems there is something a number of us agree on. Why is the Ubuntu Unity launcher so ugly? I thought perhaps it was something to do with...

1 day ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Freebies202

Duplicate comments are not made intentionally. Its very good to know that now you are keeping check on this problem because sometimes a commenter...

2 days ago by Freebies202 on Microsoft fixes blog comments, speeds up blogs with open source
kevinmchapman

"the very significant number of users" and "many (most) of us" - you have no evidence for these statements. It is a fact that most users are saying...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
Marg Menzies Harrison

Another grammar faux pas is the improper use of "you". When sitting down down in a restaurant, for example, I get cringe when the waitress...

2 days ago by Marg Menzies Harrison via Facebook on 10 flagrant grammar mistakes that make you look stupid
zdnetukuser

And NOW, folks, for Canonical's next trick... Kubuntu is late. Here's a pencil. Draw your own conclusions. cf.:...

2 days ago by zdnetukuser on Linux Minterface
Moley

@kevinmchapman. The discussion here reflects the very significant number of users who really do like the traditional menu system and who wish to...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

Er, no... It is an efficient means of finding the application/file/setting you need in one place. The icons are a simply a fallback for when you...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

Isn't the provision of a text based search an admission by the developers that the mass of icons approach does not work? I don't need to use a...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

"Unity and GNOME 3 both abandon the old text-based cascading menus in favour of a graphical icon-driven system." Point truly missed. Both use a...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

whs001 - Thank you, I'm glad you liked the article. I absolutely agree with you on your first point. I should perhaps have made it clearer that...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Dennis Nilsson

If we allow corporate interest to dictate the way our government circumvents due process against foreign entities then we should accept the same...

2 days ago by Dennis Nilsson via Facebook on ACTA stumbles in Germany
GHar123

I totally dislike pirating of works, I fear that artists will be deterred from creating works if they think that they are going to get ripped off....

2 days ago by GHar123 on ACTA stumbles in Germany
JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

3 days ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

3 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint