Ban on Microsoft Witnesses Sought

State antitrust enforcers asked a federal judge to bar Microsoft Corp. from calling Chairman Bill Gates and 17 other possible witnesses, accusing the company of “hide the ball” tactics to ward off new penalties.

Microsoft last week added 23 names to its list of potential witnesses for hearings scheduled to start March 11. The software giant said in its own court filing Tuesday that the additions were a response to the “sweeping and draconian” remedy proposed by the states.

The exchange is the latest in a series of volleys fired between Microsoft and its critics as they prepare for a courtroom showdown next month on the company’s business practices.

Nine of the 18 states involved in the fight want Microsoft to forfeit control of its Internet Explorer browser as one of the penalties for illegally protecting its Windows personal computer operating system monopoly. Nine other states have signed onto a narrower settlement between Microsoft and the Justice Department aimed at ending a legal battle that began in 1998.

Under a schedule set by U.S. District Judge Colleen Kollar-Kotelly, Microsoft and the dissenting states have until Feb. 22 to gather evidence and formally question possible witnesses in preparation for the hearings. The states say they won’t have adequate time to get ready for all of Microsoft’s potential witnesses.

“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 monopolist conduct,” the states’ lead trial attorney, Brendan V. Sullivan Jr., said in the filing. The group includes New York, California and Iowa.

Microsoft’s original witness list mentioned only six people, all current Microsoft employees. The additions, submitted on the court-imposed deadline of Feb. 8, include the chief Washington lobbyist for rival Oracle Corp., plus officials at 14 other companies.

Microsoft said it settled on most of its proposed witnesses only in the last few days.