UNITED STATES OF AMERICA,
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Civil Action No. 98-1232 (CKK)
MEMORANDUM OPINION AND ORDER
This case comes before the Court upon the filing of a motion by a group of states who are
presently engaged in litigation of a case previously consolidated with the above-captioned case.
See United States v. Microsoft Corp., Nos. 98-1232 and 98-1233 (February 1, 2002)
(deconsolidating United States v. Microsoft Corp., No. 98-1232 from State of New York v.
Microsoft Corp., No. 98-1233). These states, the so-called non-Settling or Litigating States,
request that the Court exercise its discretion pursuant to 15 U.S.C. § 16(f) to authorize limited
participation by the Litigating States in the Tunney Act proceedings in the above-captioned case.
In particular, the Litigating States seek participation in the Tunney Act proceedings only so that
they may “bring to the Court’s attention, through this brief and attached exhibits,” information
revealed during the Litigating States’ deposition of Microsoft Senior Vice-President in charge of
the OEM Division Richard Fade. Litigating States Mot. at 1. The United States does not oppose
this motion, and Microsoft “welcomes that filing and the opportunity to respond to it through the
Declaration of Richard Fade” submitted with its responsive memorandum. Microsoft Response
UNITED STATES OF AMERICA et al v. MICROSOFT CORPORATION
at 1; see generally United States Response. Notably, the Litigating States do not request
participation beyond the filing of their memorandum and the exhibit appended thereto. Upon
review of the Litigating States’ motion, the responses of Microsoft and the United States, and the
Litigating States’ reply, the Court concludes that the Litigating States’ motion shall be granted.
In pertinent part, 15 U.S.C. § 16(f)(3) instructs that the Court, in making its determination
of the public interest, may
authorize full o