Microsoft Corp. barred the media and the public from a conference call with analysts to update them on proceedings in the landmark antitrust trial involving the No. 1 software maker.
Microsoft will immediately seek a stay of any remedies the judge might order if he finds that the company behaved unlawfully, Microsoft General Counsel William Neukom said during the 40-minute call. If presiding federal judge Thomas Penfield Jackson refuses to grant the stay, Microsoft will go to the federal appeals court, Neukom said.The exclusion from the conference call means investors without access to research from big brokerages aren't privy to the call's detailed discussions, which may result in significant moves in the price of the company's stock.
"Microsoft has been available to the press and public to answer questions seven days a week, and we have a responsibility to our shareholders and investment community to update them as well," Microsoft spokesman Tom Pilla said. "The information we provide to analysts is no different than what we provide to the press and public throughout the week."
Neukom said America Online's purchase of Netscape Communications Corp. and their marketing pact with Sun Microsystems undermines the government's case against Microsoft. The alliance, unveiled last week, shows that fresh competition can emerge at any moment for Microsoft and that Netscape has ample opportunity to distribute its browser software.
"The landscape has changed materially," Neukom said. "In the government's own words, this is a combination of the three parties most responsible for a competitive threat to Microsoft's operating-system business."