Microsoft has named the three witnesses it will call to testify in the rebuttal phase of the Department of Justice (DoJ) anti-trust trial, which is expected to resume in the next couple of weeks.
David Colburn, senior vice president at America Online (AOL), Gordon Eubanks, former president and chief executive at Symantec and Professor Richard Smalensee, dean of the Sloan school of management at the Massachusetts Institute of Technology, have all been called.
The company said the witnesses will disprove the DoJ's case against Microsoft.
William Neukom, Microsoft senior vice president for law and corporate affairs, commented: "Our rebuttal witnesses will show that the $10 billion merger of AOL and Netscape completely undercuts the government's case. Our rebuttal witnesses will also show that competition and innovation are stronger than ever in the software industry, and that consumers are seeing extraordinary benefits from Microsoft and the industry as a whole."
According to Microsoft, AOL's David Colburn, who testified on behalf of the government last October, will be questioned as a hostile witness on how the merger of AOL and Netscape undermines the government's case.
Colburn will also be questioned about the "completeness and candour of prior testimony" he gave in the case, according to a summary of rebuttal witness testimony filed with the court by Microsoft on Monday.
Gordon Eubanks, former Symantec chief executive and now president of Oblix, will testify on the dynamic competition that exists throughout the software industry and the benefits of that competition for innovation and consumers.
Professor Richard Schmalensee will testify on a variety of economic issues related to the case, including the fact that rapid changes in the industry - like the recent AOL-Netscape-Sun deal makes the government's case unnecessary and unfounded.
The rebuttal phase of the trial is scheduled to begin on the first Monday following the conclusion of arguments in a criminal narcotics case currently being heard by federal district court judge, Thomas Penfield Jackson.
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