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Depositions in Antitrust Cases Must Be Made Public
Description Relying on a 1913 statute, the appeals court held that depositions taken of executives in the government antitrust case against Microsoft must be made public. The law was not superseded by the Federal Rules of Civil Procedure.
Topic Antitrust
Key Words Depositions; Public Disclosure
C A S E   S U M M A R Y
Facts Media requested that the judge in the Microsoft case allow it to have access to the depositions of various Microsoft employees, including Bill Gates. The judge approved the request; Microsoft appealed.
Decision Affirmed. Under the Publicity in Taking Evidence Act of 1913, a rarely used statute, there must be public disclosure of depositions taken in antitrust cases. This law was not superseded by the Federal Rules of Civil Procedure, which allows courts to exclude publication of depositions depending on a balancing of the interests, such as to protect trade secrets.
Citation U.S. v. Microsoft Corp., - F.3d - (1999 WL 34827, D.C. Cir.)

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