EU Commission finishes Microsoft antitrust probe

By EDRi · August 12, 2003

The EU Commission is preparing the last steps in it’s antitrust probe
against Microsoft. The Commission has been investigating Microsoft
practices since 2000 following a complaint by Sun Microsystems. Sun
accused Microsoft of abusing its dominant position in the market by not
releasing crucial information on the communication between computers and
servers running MS Windows. The Commission is also investigating the tying
of Windows media player into the Windows operating system. This makes
competition from other media players difficult.

Mario Monti, the Competition Commissioner, already revealed that
additional investigations have confirmed earlier findings that Microsoft
has abused its dominant position to weaken competition in the low-end
server and media player markets. According to the Commission this weakens
competition, stifles product innovation, and ultimately reduces consumer

Microsoft has now been given a final conclusion of the probe. Mario Monti,
the Competition Commissioner, said “This Statement of Objections, which
includes the identification of appropriate remedies, gives Microsoft a
last opportunity to comment before the Commission concludes the case. We
are determined to ensure that the final outcome of this case is to the
benefit of innovation and consumers alike.”

The Commission has contacted companies in various market segments and
requested information on whether interoperability considerations were a
factor in their purchasing choices, and whether non-disclosures of such
information by Microsoft influenced their purchase decisions. An
overwhelming majority of respondents highlighted that Microsoft’s
non-disclosure of interface information – necessary for competing servers
to properly talk with Windows PCs and servers – did indeed artificially
alter their choice in favour of Microsoft’s server products.

The Commission also identified remedies. Microsoft would be obliged to
reveal the necessary interface information so that rival vendors of
low-end servers are able to compete on a level playing-field with
Microsoft. For Windows media player the Commission has set out two
remedies: offering Windows without Windows media player or a ‘must-carry’
provision to offer competing media players with Windows. The Commission
can additionally fine Microsoft to a maximum of 10% of its yearly

Commission gives Microsoft last opportunity to comment before concluding
its antitrust probe (06.08.2003)|0|RAPID&lg=EN