
                   UNITED STATES DISTRICT COURT
                   FOR THE DISTRICT OF COLUMBIA


UNITED STATES OF AMERICA,        )
                    Plaintiff    )
                                 )
               v.                )   Civil Action No. 94-1564
                                 )   (Stanley Sporkin)
MICROSOFT CORPORATION,           )
                    Defendant    )
_________________________________)


                                

          ORDER RE MOTION TO APPROVE THE CONSENT DECREE
     The issue before this Court is whether the entry of the
proposed antitrust consent decree between Microsoft Corporation and
the United States is in "the public interest."  The Court cannot
find the proposed consent decree to be in the public interest for
four reasons.  First, the Government has declined to provide the
Court with the information it needs to make its proper public
interest determination.  Second, the scope of the decree is too
narrow.  Third, the parties have been unable and unwilling
adequately to address certain anticompetitive practices which
Microsoft states it will continue to employ in the future and with
respect to which the decree is silent.  Thus, the decree does not
constitute an effective antitrust remedy.  Fourth, the Court is not
satisfied that the enforcement and compliance mechanisms in the
decree are satisfactory.  Based on the above reasons, the Court
hereby ORDERS that the motion to approve the consent decree be
DENIED.
     A status call on this matter will be held on March 16, 1995 at
10:00 a.m. in Courtroom 6.


 DATE:  February 14, 1995          ______________________________
                                    Stanley Sporkin
                                    United States District Judge


                   UNITED STATES DISTRICT COURT
                   FOR THE DISTRICT OF COLUMBIA


UNITED STATES OF AMERICA,        )
                    Plaintiff    )
                                 )
               v.                )   Civil Action No. 94-1564
                                 )   (Stanley Sporkin)
MICROSOFT CORPORATION,           )
                    Defendant    )
_________________________________)




       ORDER RE MOTIONS TO PARTICIPATE AND MOTION TO STRIKE
     There are three motions by interested persons to participate
in the Tunney Act proceedings before the Court:  1) I.D.E.
Corporation's ("IDEA") motion for intervention; 2) anonymous
persons' motion to file an amicus curiae memorandum in opposition
to proposed final judgment; and 3) Computer & Communications
Industry Association's ("CCIA") motion to intervene, or in the
alternative, motion to participate as amicus curiae.
     With respect to these motions to participate, the Court hereby
ORDERS as follows:
     1)   The motions to intervene by IDEA and CCIA are DENIED.  In
          the alternative, the Court authorizes IDEA and CCIA to
          participate in the proceedings under the Court's
          authority pursuant to  16(f)(3) to allow "participation
          in any other manner and extent which serves the public
          interest as a the court may deem appropriate."
     2)   The motion to file the memorandum of amici curiae in
          oppposition to the proposed final judgment is GRANTED
          pursuant to the  Court's authority under  16(f)(3).

     Also before the Court is Microsoft's motion to strike the
"Supplemental Submission in Support of Memorandum of Amici Curiae
in Opposition to the Proposed Final Judgment" ("Supplemental
Submission") filed by the law firm of Wilson, Sonsini, Goodrich &
Rosati on behalf of anonymous persons.  The Court hereby ORDERS
that Microsoft's motion to strike is GRANTED as it relates to a
contested redacted document.  The Court DENIES the motion to strike
in so far as the Supplemental Submission provides legal argument
based on the record properly before the Court.

DATE:  February 14, 1995           _______________________________
                                    Stanley Sporkin
                                    United States District Judge


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