Judge Queries Microsoft, U.S. On Settlement Hearing

Microsoft Corp.

The settlement was both praised and criticized in submissions sent to the Justice Department during a 60-day public comment period that closed Monday.

In addition, while nine states involved in the case have supported the settlement, another nine are pressing for stronger sanctions against Microsoft for illegally maintaining its monopoly in personal computer operating systems.

U.S. District Judge Colleen Kollar-Kotelly told Microsoft and the department to outline, among other things, "the nature of any hearing at which the parties propose to present arguments and/or evidence in support of entry of the (settlement)."

Kollar-Kotelly is required under a U.S. law called the Tunney Act to determine whether the proposed antitrust settlement is in the public interest.

The judge also asked Microsoft and the Justice Department to include in their Feb. 7 report, proposals on participation by third parties in regard to any hearing on the settlement.

Kollar-Kotelly also told Microsoft and the department to be in court on Feb. 8 to discuss the status of the Tunney Act proceedings.

The judge has said she will begin hearings March 11 on the proposals for stiffer sanctions by the nine non-settling states.

A Microsoft spokesman declined comment on whether the company will ask for a separate hearing under the Tunney Act proceedings.

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