Some potentially damaging documents that state prosecutors have gathered in the Microsoft Corp. antitrust case might not be allowed into evidence, the result of missteps by the states' legal team.
U.S. District Judge Colleen Kollar-Kotelly expressed irritation yesterday at renewed efforts by the states to demonstrate that Microsoft has actually gained market power as a result of a proposed settlement it struck with the Justice Department to end the case.
The evidence consists of Microsoft e-mails and the deposition of a Microsoft official that show computer makers complaining about how Microsoft is using the proposed settlement as a club to renegotiate their licenses for the Windows operating system on terms even more favorable to Microsoft.
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