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FOR THE DISTRICT OF COLUMBIA
THE MOTIONS FOR TUNNEY ACT PARTICIPATION OF DR. REBECCA HENDERSON, NOVELL, INC., PROFESSOR EINER ELHAUGE, THE ASSOCIATION FOR COMPETITIVE TECHNOLOGY, AND NETACTION AND COMPUTER PROFESSIONALS FOR SOCIAL RESPONSIBILITY The United States submits this Consolidated Response to the Motions for Participation in
the Tunney Act Hearings of Dr. Rebecca Henderson, Novell, Inc., Professor Einer Elhauge, the
Association for Competitive Technology, and NetAction and Computer Professionals for Social
Responsibility. None of these movants provides a basis for concluding that the additional
participation requested will assist the Court to any greater extent than the participation from the
range of industry groups and members that the Court has already granted. The United States thus
believes that granting this additional participation is unnecessary. If, however, on a case-by-case
basis the Court determines that participation from one or more of these individuals and/or entities
would be helpful, the United States would not oppose such participation provided that such
participation is granted to the same extent as provided by the Court in its orders granting limited
rights of participation to the Computer & Communications Industry Association, the American
Antitrust Institute, the Project to Promote Competition & Innovation in the Digital Age, SBC
Communications Inc., and the Software & Information Industry Association.
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