A top Microsoft executive said yesterday the company, facing a contempt hearing next week in federal court, was "sorry" for any statements indicating disrespect for the Justice Department or the judge.

"One thing we have to do is first of all respect the Department of Justice and respect the judge and we're sorry if we have made any statements that would suggest we do anything but respect them," chief operating officer, Mr Robert Herbold said in an interview, four days before the company appears before US District Judge Thomas Penfield Jackson, "and that's important."

The Justice Department has asked Judge Jackson to fine the Redmond, Washington, company $1 million (£730,000) a day for allegedly violating a preliminary injunction issued last month.

Mr Herbold said that both Microsoft and the Justice Department may have made statements that were too strong. He said that Microsoft would tone down its public rhetoric and court filings, which anti-trust experts said have been unusually harsh. But Mr Herbold made it clear that although the company's rhetoric would change, its position would not.