| EC in new antitrust actions against Microsoft |
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| Monday, 14 January 2008 | |
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The European Commission has decided to initiate two formal antitrust investigations against Microsoft Corp concerning alleged abuse of market dominance.
The first case where proceedings have been opened is in the field of interoperability in relation to a complaint by the European Committee for Interoperable Systems (ECIS). The second area where proceedings have been opened is in the field of tying of separate software products following a complaint by internet browser vendor Opera. The EC said that the Court of First Instance confirmed the principles that must be respected by dominant companies as regards interoperability disclosures in its Microsoft judgment of 17 September 2007. In the complaint by ECIS Microsoft is alleged to have illegally refused to disclose interoperability information across a broad range of products, including information related to its Office suite, a number of its server products, and also in relation to the .NET Framework. The Commission said that its examination would therefore focus on all these areas, including the question whether Microsoft's new file format Office Open XML, as implemented in Office, was sufficiently interoperable with competitors' products. The Court of First Instance also confirmed the principles that must be respected by dominant companies in September 2007. In a complaint by Opera, a competing browser vendor, Microsoft is alleged to have engaged in illegal tying of its Internet Explorer product to its dominant Windows operating system. The complaint alleges that there is ongoing competitive harm from Microsoft's practices, in particular in view of new proprietary technologies that Microsoft has allegedly introduced in its browser that would reduce compatibility with open internet standards, and therefore hinder competition. Allegations of tying of other separate software products by Microsoft, including desktop search and Windows Live, have also been brought to the Commission's attention. The Commission added that its investigation would therefore focus on allegations that a range of products have been unlawfully tied to sales of Microsoft's dominant operating system. “This initiation of proceedings does not imply that the Commission has proof of an infringement. It only signifies that the Commission will further investigate the case as a matter of priority,” the EC said in a statement. Microsoft has not yet responded to the European Commission’s new investigations. Related articles
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