the discussion in Section V of the CIS more than sufficient to
enlighten the public for purposes of meaningful comment.
Accordingly, the Court concludes that the United States has
complied with 15 U.S.C. § 16(b)(6). Having reviewed Section
16(b), the relevant portions of the legislative history, the
relevant portions of the public comments, and the competitive
impact statement filed in this case, the Court concludes that
the United States has fulfilled its requirements pursuant
15 U.S.C. § 16(b).
C. Other United States Requirements
1. Publication of Summaries
Subsection (c) of 15 U.S.C. § 16 requires publication of
certain information "for 7 days over a period of 2 weeks in
newspapers of general circulation of the district in which the
case has been filed, in the District of Columbia, and in such
other districts as the court may direct." 15 U.S.C. § 16(c).
Specifically, the publication must provide a summary of the
proposed consent judgment and the competitive impact statement,
a list of the materials and documents made available pursuant to
subsection (b) for "purposes of meaningful public comment, and
the place where such materials and documents are available for
public inspection." Id. As noted above, the United States did
not identify any determinative materials or documents. See
supra Section II.B.1. Thus, the government's newspaper
publications consisted primarily of "a summary of the terms of
the proposed Final Judgment and Competitive Impact Statement."
United States Certificate of Compliance at 1.
Pursuant to the Tunney Act and an Order of this Court,
Microsoft, No. 98-1232, Order at 2, (Nov. 8, 2001), the United
States published summaries of the proposed consent decree and
the CIS in the Washington Post, from November 16-22, 2001; in
the New York Times, from November 17-23, 2001; and in the San
Jose Mercury News, from November 17-23, 2001. United States
Certificate of Compliance at 1-2. By doing so, the United States
satisfied the requirements of 15 U.S.C. § 16(c).
2. Publication of Public Comments and Responses to Public
The subsection (b) requirement that the United States respond
to the public's comments is repeated and elaborated upon in
subsection (d) of 15 U.S.C. § 16. Subsection (d) requires the
government to "receive and consider any written comments
relating to the proposal" during the sixty-day period specified
in subsection (b). 15 U.S.C. § 16(b), (d). After the period for
public comment closes, the government must file with this Court
and publish in the Federal Register its responses to such
comments. As recounted above, the United States received over
32,000 comments from the public. Seemingly undaunted by the
magnitude of the task of responding to all of the comments, with
painstaking care, the government sorted these comments by
subject matter and responded in detail. See generally United
States Response to Public Comments. This extensive response was
filed with the Court on February 27, 2002, and published in the
Federal Register on March 18, 2002.