Microsoft wants Oracle forced to comply

Microsoft has asked a federal judge to force competitor Oracle to comply with deposition and document subpoenas served in...

Microsoft has asked a federal judge to force competitor Oracle to comply with deposition and document subpoenas served in preparation for a March hearing in Microsoft's antitrust battle with the nine states that refused to settle.

Microsoft filed an emergency motion with a federal district court to force Oracle's compliance, citing the limited time the company has to prepare for the 11 March hearing. The nine states and the District of Columbia, which did not join the nine other states and the US Department of Justice (DoJ) in agreeing to a settlement with Microsoft, will present remedy proposals to Judge Colleen Kollar-Kotelly.

Microsoft accused Oracle of co-operating with the non-settling states on preparing remedy proposals while ignoring Microsoft's subpoenas. The document also reveals that in the March hearing, Microsoft will take the position that its competitors aided the non-settling states in compiling proposed remedies to Microsoft's antitrust violations.

"Microsoft is entitled to conduct discovery that may lead to admissible evidence indicating that Microsoft's competitors designed the non-settling states remedial proposals, and they did so in order to benefit themselves, without regard to the adverse impacts those proposals would have on competition, other business, and consumers. These are all facts that are highly relevant to Microsoft's position in the remedy proceeding," the document read.

Microsoft issued deposition subpoenas to two Oracle executives - chief corporate architect, Edward Screven and vice-president, Ken Glueck - as well as a document subpoena. According to the Microsoft filing, neither the executives nor the documents have yet been produced.

The court has set 22 February as the deadline for all depositions and document gathering to be completed in this case.

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