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Microsoft wants sanctions
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October 26, 1998: 12:16 p.m. ET
Attorneys say Netscape failed to produce potentially helpful document
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WASHINGTON (CNNfn) - As the government's landmark antitrust case entered its second week, Microsoft Corp. Monday said Netscape Communications Corp. attorneys failed to turn over all documents related to the antitrust suit, including a letter that could aid in Microsoft's defense, according to court filings.
Late Friday, the Justice Department released Netscape's notes from a June 21, 1995 meeting. It was in that meeting, according to the government's claims, in which Microsoft tried to coerce Netscape to concede the Windows Web browser market in exchange for developing products for computer servers.
In one document, then-Netscape attorney Gary Reback provides a chronology of meetings between Netscape and Microsoft officials to the Justice Department.
But Reback's letter never mentioned the alleged Microsoft offer to divide the browser market.
Microsoft has asked U.S. District Court Judge Thomas Penfield Jackson to impose sanctions against Netscape for failing to produce the letter with the requested pretrial material.
Also on Monday, Microsoft lead attorney John Warden continued his painstaking cross-examination of Netscape Chief Executive James Barksdale, reiterating his stance that a Netscape executive had concocted the details of the June 1995 meeting to spur antitrust action by the Justice Department.
In a particularly angry exchange, Warden accused Netscape co-founder Marc Andreesen of fabricating the story that Microsoft had threatened Netscape unless the company agreed to divvy up the browser market.
"That's absurd," Barksdale shot back.
Though Monday is expected to be the last day Microsoft will cross-examine Barksdale, Warden continued to proceed at a snail's pace. Warden, who has been moving page-by-page through Barksdale's 127-page direct testimony, still had 40 pages to go as of late Monday morning.
On Tuesday, the government will begin redirect questioning of Barksdale, interspersing his testimony with excerpts from Microsoft Chairman Bill Gates' eight hours of videotaped testimony. As with other evidence in the case so far, once it is presented in court, prosecutors are likely to make the tape available to the media.
Small snatches of Gates' testimony have already been played. Attorney David Boies opened for the government last week by showing excerpts from Gates' testimony in an effort to demonstrate that the Microsoft chairman's sworn statements contradicted internal e-mails he had sent.
The Justice Department and 20 states filed suit against Microsoft (MSFT) last May accusing the software giant of unfairly bundling its Internet Explorer browser with its market-dominating Windows operating system.
However, in recent weeks, the case has expanded to include charges that Microsoft tried to bully competitors and partners in other areas of the Internet software business. 
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