U.S. v. MICROSOFT CORP.

Nos. 95-5037, 95-5039.

56 F.3d 1448 (1995)

UNITED STATES of America, Appellant, v. MICROSOFT CORPORATION. UNITED STATES of America v. MICROSOFT CORPORATION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 1995.

Rehearing and Suggestion for Rehearing Denied August 17, 1995.


Attorney(s) appearing for the Case

Joel I. Klein, Deputy Asst. Atty. Gen., U.S. Dept. of Justice, argued the cause for appellant U.S. With him on the briefs were Anne K. Bingaman, Asst. Atty. Gen., Catherine G. O'Sullivan, Robert B. Nicholson, David Seidman and Mark S. Popofsky, Attys., U.S. Dept. of Justice.

Richard J. Urowsky, Sullivan & Cromwell, argued the cause for appellant Microsoft Corp. With him on the briefs were Steven L. Holley, Richard C. Pepperman, II, Andrew C. Hruska, William H. Neukom, David A. Heiner, Jr., James R. Weiss and Donald A. Kaplan, Sullivan & Cromwell. Margaret K. Pfeiffer, Sullivan & Cromwell, entered an appearance.

John H. Chapman argued the cause and filed the briefs for amicus curiae Computer & Communications Industry Ass'n.

Gary L. Reback argued the cause for amici curiae Computer Industry Parties. With him on the briefs were Susan A. Creighton, David A. Killam, Neil M. Nathanson and Irwin R. Gross.

Jeffrey S. Jacobovitz argued the cause for amicus curiae I.D.E. Corp. With him on the briefs were Mark L. Rosenberg and Alan A.B. McDowell.

Before: EDWARDS, Chief Judge; SILBERMAN and BUCKLEY, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied August 17, 1995.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Opinion PER CURIAM.

SILBERMAN, Circuit Judge:

Section 16(e) of the Antitrust Procedures and Penalties Act, known as the Tunney Act, requires the district court to determine whether entry of an antitrust consent decree is "in the public interest." 15 U.S.C. § 16(e) (1988). In this case, the district court refused...

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