
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, March 15, 1995                   TAG: 9503150055
SECTION: BUSINESS                    PAGE: B6   EDITION: METRO 
SOURCE: ASSOCIATED PRESS
DATELINE: WASHINGTON                                 LENGTH: Short

JUDGE PERMITS MICROSOFT DELAY

A federal judge on Tuesday granted a government request to delay a hearing in the Microsoft Corp. antitrust case, but not before again criticizing the Justice Department's tactics.

U.S. District Judge Stanley Sporkin agreed to a Justice Department request to postpone a status hearing, originally scheduled for Thursday, because the case now is pending before the U.S. Circuit Court of Appeals.

At issue is a Justice Department agreement with software giant Microsoft in which company promised to stop sales incentives to personal-computer makers for its MS-DOS and Windows operating software.

Sporkin rejected the agreement Feb. 14, saying it wasn't in the public interest. He also sharply criticized prosecutors for taking a narrow approach to the case during a lengthy hearing in January.

Last week, both the Justice Department and Microsoft appealed Sporkin's ruling to the U.S. Circuit Court of Appeals. The Justice Department's appeal took aim at Sporkin, accusing him of exceeding his authority and saying his ruling amounted to ``an invitation to anarchy in the enforcement of antitrust laws.''

Sporkin fired back in a 12-page order, saying ``there is a need to set the record straight and provide as much assistance as possible to the Court of Appeals.''

Sporkin emphasized he didn't tell the government to file a new, broader complaint in the case, contrary to statements by Attorney General Janet Reno and her deputies.

The judge said he couldn't determine if the case was within the public interest unless he had ``certain basic information'' such as ``what was bargained away in secret at the negotiating table.''

by CNB