Judge Sets Hearing on Microsoft Settlement

The federal judge in the Microsoft Corp. antitrust case tentatively set a hearing for the second week of March to determine whether the settlement reached by the firm and the federal government is in the public interest.

Her final ruling, however, may wait until after she hears from nine states that chose not to settle and to fight for stricter penalties for breaking antitrust law.

U.S. District Judge Colleen Kollar-Kotelly may have a one-day hearing, as requested by the parties, but said she could want them to present evidence as well, which would extend the process.

Kollar-Kotelly did not indicate whether she would allow third parties to testify in the settlement hearing. The request to shut them out, made by Microsoft and the government, was assailed by Microsoft critics, who say they want to make sure their view is heard by the court.

The judge tried to address the complications brought by a settlement hearing and a simultaneous effort to bring stronger penalties against Microsoft by the nine states, including California, that refused the settlement.

In response to the judge, the government and settling states said they would stay out of the remedies hearing for the nonsettling states. Microsoft showed its resolve against those states and said the suing states shouldn’t be allowed to criticize the settlement during their own proceeding.

The judge gave a preliminary approval to the Justice Department’s request to put the approximately 30,000 public comments online and on CD-ROM rather than publishing them all in the Federal Register. The department said putting them on paper would cost $4 million.

Also Friday, Microsoft asked the court to force Oracle Corp., one of the company’s fiercest rivals, to comply with subpoenas in the case.

Microsoft wants copies of Oracle documents related to the case, as well as an interview with Oracle Vice President Ken Glueck.

Glueck did not return messages seeking comment.