EU court crushes Microsoft's antitrust appeal

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…he remains hopeful the court's order will bring further clarity to the issue.

"We have been working hard over the last few years to address these issues," Smith said. "Everyone agrees, for example, that the version of Windows that we offer in Europe today is in compliance with the Commission's 2004 decision."

Nonetheless, the court chided Microsoft on its behaviour regarding interoperability issues.

"The court considers that the Commission was correct to conclude that the work group server operating systems of Microsoft's competitors must be able to interoperate with Windows domain architecture on an equal footing with Windows operating systems if they are to be capable of being marketed viably... The absence of such interoperability has the effect of reinforcing Microsoft's competitive position on the market and creates a risk that competition will be eliminated," the court said in its ruling.

Microsoft and the Commission had particularly strong disagreements over the issue of interoperability, with Microsoft and the Commission clashing on the extent to which the company's technical information should be shared with rivals.

"The court rejects Microsoft's claims that the degree of interoperability required by the Commission is intended in reality to enable competing work group server operating systems to function in every respect like a Windows system and, accordingly, to enable Microsoft's competitors to clone or reproduce its products," the court said.

A number of Microsoft competitors have previously weighed in on the interoperability issue in complaints to the Commission. These include the European Committee for Interoperable Systems (ECIS), a non-profit trade association that includes as members Adobe, IBM, Oracle, RealNetworks, Red Hat and Sun.

"This landmark judgment sets a clear standard for Microsoft's future conduct and empowers the European Commission to impose it in the European market when necessary," said Thomas Vinje, a spokesman and legal counsel for ECIS.

Linux distributor Red Hat also voiced its support for the court's decision.

"In our business, interoperability information is critically important and cannot simply be withheld to exclude all competition… We were pleased with the overall decision and look forward to examining the decision in greater detail," Matthew Szulik, Red Hat's chief executive, said in a statement.

Similar views were expressed by the Software & Information Industry Association (SIIA).

"After one of the most thorough investigations in the history of competition law, spanning over seven years, the Commission has taken a steady and decisive course," Ken Wasch, SIIA president, said in a statement. "We applaud the leadership and persistence of the European Commission."

But another trade group, the Computing Technology Industry Association (CompTIA), which includes Microsoft as a member, expressed disappointment with the ruling, labelling it a blow to "free enterprise in Europe".

In addition to the interoperability issue, the court sided with the Commission on the bundling of separate software products, citing three areas that affected its decision. One was the company in question must have a dominant position in the market for the tying product, such as the Windows operating system; secondly, the tying product and tied product — in this case Windows and Windows Media Player — must be two separate products; and thirdly, consumers don't have a choice to obtain the tying product without the tied product.

"The court considers that the factors on which the Commission based its conclusion that there was abusive tying are correct and consistent with Community law."

RealNetworks, which makes the RealPlayer media player, had raised such an issue in the past, eventually reaching a $460m (£227m) settlement to address antitrust claims with Microsoft in 2005. Microsoft also agreed to pay RealNetworks $310m (£153m) to support RealNetworks' movie and game business.

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Talkback

Was the EU Court of First Instance right to dismiss Microsoft's antitrust appeal?

What do you think?+

In recent years, the software giant has been paying multi-million-dollar settlements to its rivals to address previous antitrust litigation. Microsoft also paid long-time rival Sun $700m (£345m) to settle antitrust disputes with the company over interoperability issues and another $900m (£443m) over patent issues.

Legal experts previously weighed in on what a favourable court ruling would do for the Commission. Some legal experts said that, with a favourable court ruling in the Microsoft case, the Commission would be likely to remain on its current aggressive track in pursuing antitrust cases, whereas an unfavourable ruling would have likely "taken the wind out of its sails".

Reuters contributed to this report.

Talkback

This is rediculous. It is like asking a King "can you confirm that you don't have power in certain area of your kingdom?"

Ofcourse European Union is going to punish Microsoft. But what EU should do is put all the talent and money they have to create a company even half of Microsoft in terms of what Microsoft has done and then think about the whole case.

It is all about power. EU would have undermined its own authority and henced ruled against Microsoft not becuse it is right or wrong.

EU people don't think with their eyes open.

1000019232 17 September, 2007 10:31
Reply

The antitrust case has been upheld because Microsoft could not defend its position within competition law laid down within the EU. Its about trying to provide a more level playing field within an industry where there are monopoly players. The only reason Microsoft withhold interoperability protocols is to protect it's monopoly position because other protocols exist which are openly available which do the same thing. When all is said, if Microsoft produce the best product people will buy it and thats a good thing. If people have to buy their product because no one else can produce an alternative, only because interoperability protocols are kept secret, then thats a bad thing.

pround 17 September, 2007 11:48
Reply

This post has been removed by a moderator.

If Microsoft keeping its interface specifications secret is unacceptable then isn't it equally unacceptable for Apple to keep iTunes proprietary or SAP not to distribute all its internal integration protocols not just a few access points or IBM, SUN, Google and all the other multinantional organisations involved in the EC dispute with MS to publish protocols down to the same level that they now demand of MS.

Of course if they don't I am sure the EC will take action to ensure that they do .............. well maybe not.

Marcoz 20 September, 2007 01:16
Reply

Microsoft is not being asked to disclose anything other than interoperability protocols. This is about allowing other companies to compete in an area where a Monopolist currently actively prevents competition. If iTunes was the only player in the online music business then there would be similar problems with them. Apple don't force people to download from iTunes by not allowing other formats to play on their devices so this issue does not apply. The fact of the matter is that MS don't provide the access points into windows servers required by other companies to interact with their products. If other companies in a Monopoly position acted as Microsoft does they too would be treated similarly. Google and IBM use a lot of open standards as interfaces to their products and are very focussed on interoperability with third parties, its how they make most of their money. Microsoft's business model is about providing everything Microsoft and actively prevent other companies from interacting with their systems (vendor lock in). This is about interpreting competition law in abusing a Monopoly position not about singling out any specific company.

pround 20 September, 2007 10:34
Reply

I am not defending Microsoft or necessarily disagreeing with the EC solution I just believe if all the organisations that lined up against Microsoft were told that, as the case proceeded, they would need to provide documentation for interoperability to the same level, that they and the EC were demanding of Microsoft, that the situation would have rapidly translated to the Open Source organisations staying the course and most of the others running screeming from the action.

Marcoz 21 September, 2007 08:25
Reply

Most of the organisations involved in this do already provide very good interoperability specifications. In addition many use open interface standards which encourage interoperability. Many companies see this as a way of making more money because the more systems your product can interface to the more useful it is. Microsoft's has the opposite business model where they attempt to provide everything a user could need in a closed system. Anyone wanting to link into their products then has a problem because the interfaces are not divulged. This is the corner stone of this part of the case against Microsoft. Microsoft is well known for this as even when they do implement to implement a standard they always change it and add proprietary extensions it to make it harder for third parties to use.

pround 21 September, 2007 09:50
Reply

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