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United States Published In The Federal Register A Revised Proposed Final Judgment
As required under the Tunney Act, on November 28, 2001, the United States published in the Federal Register a Revised Proposed Final Judgment, a Competitive Impact Statement, and detailed procedures for the submission of public comments regarding the United States' proposed settlement with Microsoft. The 60-day public comment period lasted from November 28, 2001 through January 28, 2002. During that period, the United States received 32,392 comments from the public. Of these comments, the United States categorized 47 of these comments as "major." The United States provided the "major" comments to the Court on February 14, 2002, and subsequently published these comments on the Antitrust Division website.
On March 1, 2002, the United States made the full text of the public comments available for downloading and viewing on the Antitrust Division's website by implementing the procedure detailed in the United States' Motion for Leave of Court to Adopt an Alternative Procedure for Comment Publication . On May 3, 2002, the full text of the public comments was also published in the Federal Register.
Since November 21, 2004, the United States has received inquiries from six citizens requesting that some portion of the comments that they had submitted during the Tunney Act comment period be removed from the Antitrust Division's website. Generally, these citizens have requested that their personal information be removed from the Internet due to privacy concerns. None of these requests were related to the "major" comments.
Given that citizens have started to request removal of their comments and that the full text of the public comments will continue to be available to the public through the Federal Register and upon request from the United States, the United States believes it would be appropriate to remove these non-major comments from the Antitrust Division's website. The comments will still be widely available to the public and this will permit the United States to respond to what appear to be reasonable privacy concerns.
Therefore, subject to the Court's concurrence, the United States plans to remove all of the public comments not categorized as "major" from the Antitrust Division's website.
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