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Has Microsoft done enough to satisfy the EC?

by Scott Bicheno on 12 June 2009, 17:34

Tags: Microsoft (NASDAQ:MSFT), European Commission

Quick Link: HEXUS.net/qasnt

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Europe responds

The European Commission wasted little time in publishing a response to this plan, making it clear that it doesn't intend to let Microsoft set the agenda on this matter.

"The Commission will shortly decide in the pending browser tying antitrust case whether or not Microsoft's conduct from 1996 to date has been abusive and, if so, what remedy would be necessary to create genuine consumer choice and address the anticompetitive effects of Microsoft's long-standing conduct," said the statement.

"In terms of potential remedies if the Commission were to find that Microsoft had committed an abuse, the Commission has suggested that consumers should be offered a choice of browser, not that Windows should be supplied without a browser at all."

Microsoft seems to have anticipated this objection, with Heiner saying in his blog: "Other alternatives have been raised in the Commission proceedings, including possible inclusion in Windows 7 of alternative browsers or a ‘ballot screen' that would prompt users to choose from a specific set of Web browsers." 

"Important details of these approaches would need to be worked out in coordination with the Commission, since they would have a significant impact on computer manufacturers and Web browser vendors, whose interests may differ. Given the complexity and competing interests, we don't believe it would be best for us to adopt such an approach unilaterally."

Europe was unimpressed, commenting: "Rather than more choice, Microsoft seems to have chosen to provide less." The EC did concede, however, that even if it did conclude that Microsoft's behaviour has been abusive, "it would have to consider whether this proposal would in itself be sufficient to create genuine consumer choice on the web browser market."