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Judge Sets Date for Microsoft-Intuit Trial

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TIMES STAFF WRITER

U.S. District Judge William H. Orrick Jr. has set a June 26 trial date for the Justice Department antitrust lawsuit aimed at blocking Microsoft Corp.’s $2-billion acquisition of Intuit Inc.

In a written order issued late Tuesday, Orrick set some preliminary ground rules for the trial, which will take place in San Francisco.

Orrick informed both sides that they will have 45 hours each to present their cases, with hearings to be held every Friday from 8:30 a.m. to 1:30 p.m. At that pace, testimony is likely to conclude in about 20 weeks. Each side will be allowed to call 20 witnesses and request 25 documents.

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The judge also amended a gag order issued orally last Friday, which Microsoft and Justice staffers had said barred them from speaking about the case publicly. In Tuesday’s written order, Orrick asks that both parties “exercise sound discretion in responding to any media questions,” but offers no further restrictions.

The Justice Department last week filed suit to block Microsoft’s acquisition of Intuit, alleging that such a move would reduce competition in the software industry in violation of antitrust laws. The two sides agreed to forgo proceedings that normally would have led to a preliminary injunction and proceed directly to a non-jury trial.

If approved, the deal would be the software industry’s biggest acquisition to date. Microsoft has pushed for a speedy trial. If the case drags on for months--or years--Intuit’s value to Microsoft would probably evaporate.

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