Oracle Corp. Fights Microsoft Document-Digging >ORCL MSFT
09/28/98
Dow Jones News Service
(Copyright (c) 1998, Dow Jones & Company, Inc.)
WASHINGTON (AP)--Oracle Corp. (ORCL) wants a federal judge to block a broad demand for internal documents related to Microsoft Corp.'s (MSFT) antitrust fight with the government. Oracle called its rival's request "far too vast."
Microsoft, describing the information it wants as "plainly relevant," believes Oracle is among companies known as the "Rebel Alliance" that collaborated to oppose Microsoft's industry influence.
Microsoft accused Oracle, a $7.1 billion competitor based in Redwood City, Calif., of trying to hide evidence that will help Microsoft fight the government's upcoming antitrust lawsuit.
Oracle said Microsoft "apparently believes that its status as an accused monopolist entitles it to use judicial process to delve into its competitors' most sensitive commercial information."
A hearing was scheduled for Tuesday.
Oracle's refusal to turn over the documents - less than three weeks before the Oct. 15 trial - could be grounds for further delays in the case.
Microsoft spokesman Mark Murray called it "impossible to speculate" about potential delays. But the company noted that even if the judge were to order material handed over, "Microsoft will have extreme difficulty completing the discovery it needs from Oracle prior to trial."
"The subpoena was far too vast," Oracle spokeswoman Jennifer Glass said. "We're contesting the scope, and we think the documents requested are not pertinent to the question of whether Microsoft is guilty of the issues at hand."
In subpoenas earlier this month, Microsoft wanted details about high-level strategy meetings among Oracle, Netscape Corp. (NSCP), Apple Computer Inc. (AAPL), IBM Corp. (IBM), Novell Inc. (NOVL) , Sun Microsystems Inc. (SUNW), Hewlett-Packard Co. (HWP) and Compaq Computer Corp. (CPQ).
Microsoft, accused by the government of trying to muscle rivals to protect its lucrative Windows operating system, is seeking to show that other companies also routinely collaborate in alliances against common competitors.
Specifically, Microsoft wants information about:
-An alleged 1994 meeting with Oracle, Sun, IBM and others when companies reportedly discussed how to end competition among themselves. Microsoft said Oracle planned "a convoluted set of transactions" to buy IBM's Lotus Development Corp., then sell part of Lotus to Novell in exchange for Novell's operating system, Unix, which competes with Windows.
-An agreement by Oracle to use Netscape's Internet browser and to end development of Oracle's own competing software, called "PowerBrowser."
-An agreement by Sun to use Netscape's browser and curtail development of its own, called "Hot Java."
Microsoft said the other companies it sent subpoenas have already responded or are in the process of submitting requested documents.
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