Judge queries Microsoft, US on settlement hearing

WASHINGTON: A federal judge told Microsoft Corp. and the US Justice

Department to report next week on whether they want the court to hold a hearing

on their proposed settlement of the landmark antitrust case, according to a

court order released on Thursday.

The settlement was both praised and criticized in submissions sent to the

Justice Department during a 60-day public comment period that closed on 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.

US 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 US 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.

(C) Reuters Limited.