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The European Commission said yesterday that there would be two further investigations into Microsoft’s commercial practices, only weeks after the American software giant had conceded defeat in a battle with regulators in Brussels.
Neelie Kroes, the Competition Commissioner, decided to act after being told that Microsoft had tied Internet Explorer, its web browser, to its Windows operating system and that it was making it difficult for competitors to work with Windows.
The first complaint was made last month by Opera Software, of Norway. The second was tabled by the European Committee for Interoperable Systems (Ecis), a nonprofit organisation that represents companies supplying information technology products.
The complaints are separate from the earlier case, in which Microsoft was fined almost €800 million (£608 million) for abusing its dominant position and was forced to unbundle its Media Player software from its Windows operating system and make interoperability information available to software developers.
However, they draw on the judgment of Europe’s second-highest court, which rejected the American company’s appeal in September. Then, the Luxembourg judges ruled that Microsoft could not exclude rivals by tying products to Windows and must allow rival software to interoperate.
A spokesman for Opera, whose software has 20 million users world-wide, said last night: “We are doing this for the future of the web. We want to give people a choice so a site can look good whatever device is used to access it.” Ecis is supporting Opera’s complaint. When it was lodged, Thomas Vinje, the organisation’s spokesman, said: “Browsers are the gateway to the internet. Microsoft seeks to control this gateway.”
The Commission made clear last night that launching the latest proceedings did not imply that it had proof of any antitrust violations but that it would investigate as “a matter of priority”. European investigators will examine whether Microsoft has refused to disclose interoperability information and will look at whether Office Open XML, its file format, is sufficiently interoperable with competitors’ products, and whether Microsoft has introduced technologies that would reduce compatibility.
Microsoft said last night that it would cooperate with the investigation. “We are committed to ensuring that Microsoft is in full compliance with European law and our obligations as established by the European Court of First Instance in its September 2007 ruling,” it said.
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The issue here is one of choice, when you buy a computer you should be able to specify the operating system and extras you want installed, whether that involves paying a licence fee for Windows or having a free operating system installed. The IE7 issue as I understood it was the fact it was so heavily embedded in WIndows it could be ignored but not removed. Safari, while it comes bundled with OS X can be removed very easily ( about 4 mouse clicks). This gives the user a choice which is something we all should welcome.
Jaqui Szabo, edinburgh, scotland
Well to use a more appropriate analogy, Mr Kitchener, one would be better off desribing Microsoft as the railway track builders and all others as the rolling stock producers. If Microsoft take over any particular piece of track, they have a tendency to change the guage and thereby make all but their own rolling stock useless.
Robin Laundon, Cambridge, UK
Can the EU or for that matter any other so called Anti-trust committe first demand that all automobiles will have interchangeable parts, for example Wiper motors, Radiators, engines, transmissions........ Cell phones, have standard batteries, standard outlet /connection standards.......when they can just regulate or demand these from the manufacturers that consumers almost anybody uses, then they have a right to demand all this from Microsoft.........
Can you fit a Ford Airconditioner in a Mercedez or a Mercedez transmission on a Ford, whey should they be different, after all they are just a car for the common man......
Venkata, Kitchener, Canada
The EU is so clueless they should all be put into a group home. Tell Apple to take Safari out of their Macs and Firefox out of Linux distros. Tell the auto companies to ship cars without radios.
Joe, Millstone, NJ, USA
Ken Hathaway has got no clue about Opera software if he prefers Microsoft's sad excuse for a browser.
That particular product has held the web's potential back for too long and web developers are infinitely tired of having to spend hours trying to work around its limitations. It should conform to standards like other browsers make a real effort to.
The Times should know that a similar case was launched against microsoft by Netscape a few years ago and it was ruled that their browser can't be shipped with Windows which is why IE7 has to be downloaded separately.
Mike Laughton, runcorn, United Kingdom
I am a US based IT Professional, and a user/fixer of many Microsoft products for nearly 20 years and worked on other computer systems before Microsoft really took off. I believe Microsoft's goal is nothing less than total dominance of computers and the Internet and their offerings are more about dominance and monopolizing the market than offering a great product. I think the EU needs to impale Microsoft with the biggest boot they can manage and levy fines that cause real pain, loss of stock value and eventually marketshare. The Borg continues on unfettered in the US. Their business practices need help realingning. I say stick it to them, EU.
art, Nashville, TN
Just require every X86 box sold to come with a choice of Windows (fee set by MS) or Linux (free).
You'll pretty soon seen Microsoft's dominance crumble.
Malcolm McLean, Bradford, UK
If you can't win in the market place then turn to the stupid EU courts. You are suppose to drink the beer not cry in it Opera. I for one will never use your trash software.
Ken Hathaway, Ogden, Utah USA
Will this be yet another case of the Commission using an overly aggressive teleological approach? It raises serious issues about how far dominant undertakings will now be free to include âbuilt-inâ features to enhance their product.
The ECJ in âTetraPakIIâ stated that âany independent producer is quite free...to manufacture consumables intended for use in equipment manufactured by othersâ However, on reflection (and as the last Microsoft case seems to suggest). What the commission meant was not that such independent producers are âfreeâ to manufacture but that, if they do, then Article 82 EC will positively help them to do so by constraining the dominant undertaking by virtue of their 'super-dominance'.
I notice US anti-trust authorities have already come to a conclusion on this issue - broadly, concluding it is a product inhancement not a tie-in. But knowing the commission, this won't be their conclusion. They seem intent on protecting competitors rather than consumers.
Lloyd Nail, Leicester, UK
Once again we have the EU sticking it's nose into something it knows nothing about. So what if IE is bundled with Windows! Users have a thing called choice. They don't have to use IE if they don't want to. Why doesn't the commission look into Apple and their Safari browser, isn't that a bundle? Or how about iTunes which only plays music downloaded from the iTunes site and works only on iPods. no user choice there if you ask me.
Mark Hinson, Buckingham,
All power to the EU to take on Microsoft's restrictive practices. It is long overdue and should have happened in the US as well 10 years ago.
If you run a business, you get fed up with Microsoft forever updating products that require all other software and hardware to be updated too, at enormous expense. And the software doesn't even work properly or efficiently either! There is a huge IT industry built upon Microsoft's deficiencies.
I only hope the combined forces of Google, EU, IBM, Sun and some other huge multi-nationals result in the destruction of Microsoft's dominance and a robust, open source operating system that is given away on all new pcs and that everyone can use easily.
This is a massive economic issue that has to be addressed soon.
Alistair Nicholls, Manchester, UK
The two people above do not appear to fully understand the idea of a monopolistic company and the abuse of it's dominance. If windows were allowed to continually bundle their software into our computers, this would leave us and other companies no other choice but to use them. the impact on innovation would be far ranging and could effectively bring any developments in IT or the internet to a standstill.
Further to this, if Microsoft were allowed free reign over operating systems AND the internet, what would be stopping them from increasing the prices they charge to wholesalers and distributers, with obvious knock on effects to the price the consumer has to pay. Worst still microsoft would be in a position to in effect hold computer users and makers to ransom by charging higher costs at source, or even something that is yet to be seen, subscription charges to the end consumer. For these reasons, the commissions work is important and in my opinion, wholly justified.
Ciaran Rooney, Alton, HAMPSHIRE
Faustino, What we are seeing is the result of "market forces" when one player starts bullying the marketplace. The EC is solving a problem, one which has been an issue for a quite a while. "Free Rein" is a proverbial double-edged sword, and ceases to be desirable if the beneficiaries are aggressive monopolists.
MarkM, Cambridge, UK
One is reminded of Alan B'Stard's description of the EC as a gravy boat - "like a gravy train but bigger, slower, and you can keep coming back for more."
The strongest argument for the Commission to leave well alone is nothing to do with the rights and wrongs of the case, but the simple observation that when MS did make Windows-M (the version with no media player) available, only a few thousand copies were ever sold. The consumers simply don't care about these issues and the Commission, if it is not asleep, knows it.
It would be far better for Europe if, instead of writing me-too apps which will never capture major market share, Opera's staff came up with a new killer app which created a new market segment and led the world in it. THIS is what the Eurocrats should be cajoling our software developers to be doing.
Ian Kemmish, Biggleswade, UK
I also have MS XP pro, I also use Firefox. I wish the commission would address competition issues that affect my pocket such as water supply monopolies. The commission's remit is to protect our interests not those of big business.
John, Sussex,
I have Microsoft XP Pro; I mainly use the free Firefox browser. Can't the EC find anything useful to do? E.g. reducing government ownership of commercial operations to allow market forces freer rein?
Faustino, Brisbane, Australia