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U.S. v. MICROSOFT CORP.

Nos. 98-5399, 98-5400.

165 F.3d 952 (1999)

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

United States Court of Appeals, District of Columbia Circuit.

Decided January 29, 1999.

Attorney(s) appearing for the Case

Richard J. Urowsky argued the cause for appellant. With him on the briefs were John L. Warden, D. Stuart Meiklejohn, Thomas R. Leuba, Christopher J. Meyers, Christine M. Motta, James R. Weiss, William H. Neukom and Thomas W. Burt. David A. Heiner, Jr., Richard C. Pepperman, II, Steven J. Aeschbacher and Steven L. Holley entered appearances.

Mark S. Popofsky, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Joel I. Klein, Assistant Attorney General, A. Douglas Melamed, Deputy Assistant Attorney General, and Catherine G. O'Sullivan, Attorney.

Lee Levine argued the cause for intervenors The New York Times Company, et al. With him on the brief were Jay Ward Brown, Richard L. Klein, Niki Kuckes and David S. Cohen.

Before: WILLIAMS, GINSBURG, and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Publicity in Taking Evidence Act of 1913 provides that depositions of witnesses for use in any suit in equity brought by the Government under the Sherman Act "shall be open to the public as freely as are trials in open court." 15 U.S.C. § 30. Microsoft Corporation, the defendant in such an antitrust case, appeals the district court's order requiring the depositions in...

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