Gates, Ballmer to Testify in Iowa Case

UPDATE: In a statement to BetaNews, Microsoft clarified that Bill Gates and Steve Ballmer were already on the company's witness list submitted in September. The judge's ruling now means the plaintiffs can call the two as witnesses, rather than just cross examine after they testify for Microsoft.

Microsoft Chairman Bill Gates and CEO Steve Ballmer are slated to appear in an Iowa court later this month to testify in a $450 million antitrust lawsuit - one of the last remaining cases stemming from company's alleged anticompetitive practices.

The class-action lawsuit, like others recently settled in Arkansas and Wisconsin, asserts that consumers were forced to pay more for Microsoft software because the company had no competition. The Redmond company has always refuted such claims, but has opted to settle so it can focus on moving forward.

Plaintiffs' attorney Roxanne Conlin submitted a request to Polk County District Judge Scott Rosenberg to have Gates and Ballmer appear in person and answer questions. Conlin called the approval of the request a "significant win" for their side.

"The jury should be allowed to view them live during both parties' case presentation to observe their demeanor and help the jury to assess their credibility. This method of questioning by both parties will make the witnesses' interrogation and presentation effective for the ascertainment of the truth," Judge Rosenberg wrote.

However, Microsoft attorney Rich Wallis said the executives were always planning on appearing in court, adding that the judge's order was not necessary.

The jury trial in Iowa is scheduled to begin November 13, and covers consumers in the state that have purchased Microsoft products since 1994.