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 of Symantec and Richard Schmalensee, dean of the Sloan school of management at the Massachusetts Institute of Technology, have all been called. Microsoft claimed the witnesses will disprove the DoJ's case against it.
William Neukom, senior vice president for law and corporate affairs at Microsoft, said: 'Our rebuttal witnesses will show that the $10 billion merger of AOL and Netscape undermines the government's case. They 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, 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 weakens the DoJ'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 last week.
Eubanks, 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.
Schmalensee will testify on a variety of economic issues related to the case, including the fact that rapid changes in the industry - such as the recent AOL-Netscape-Sun deal makes the government's case unnecessary and unfounded.
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