Richie, This might be the article .
seattletimes.com
Posted at 11:23 p.m. PST; Saturday, March 27, 1999
Judge OKs Microsoft bid to query Netscape, AOL execs
by James V. Grimaldi
Seattle Times Washington bureau
WASHINGTON - A federal judge has granted Microsoft permission to question three executives involved in the America Online-Netscape merger, leaving open the possibility that AOL Chairman Steve Case could become the next high-profile witness to crop up in the landmark antitrust trial, sources close to the case said.
In granting three depositions, U.S. District Judge Thomas Penfield Jackson yesterday rejected Microsoft's request to spend up to 35 hours questioning seven witnesses from AOL, Netscape, Sun Microsystems and the investment bankers who handled the deal.
Jackson said one witness from each company could be questioned. He made the decision during a conference call with the attorneys in the case, the sources said.
During the five months of trial, which is on a break, Jackson has specifically asked whether Case would be questioned and has expressed particular interest in AOL's acquisition of Netscape and the strategic alliance made with Sun Microsystems as part of the deal.
The questioning would take place in a deposition outside the courtroom, but under a ruling by the U.S. Court of Appeals in Washington, the deposition would be open to the public.
Most of the high-profile depositions, including that of Microsoft Chairman Bill Gates, have been played on videotape during the trial.
The decision was an important victory for Microsoft: The Redmond software giant has contended that the deal demonstrated that the antitrust case was irrelevant and proved the marketplace was thriving without the government's lawsuit.
The government, in a filing with the court this week, said Microsoft was attempting to "blow far out of any proper proportions" the significance of the deal.
The Department of Justice opposed the depositions as "excessive and unnecessary" and "likely to interfere with the parties' ongoing preparations to resume the rebuttal phase of the trial of this case."
The trial is on break following the completion of the government's and Microsoft's cases. Both sides must tell the judge this week who they propose as rebuttal witnesses. The trial is not set to resume until sometime in May.
Copyright © 1999 Seattle Times Company
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