EU targets Internet Explorer in new Microsoft antitrust probe

 

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Posted on 19 Jan 2009 at 08:43

The European Commission has told Microsoft that it believes the tying of Microsoft’s Internet Explorer web browser its Windows operating system infringes EU antitrust laws.

The Commission has sent a Statement of Objections (SO) to Microsoft which outlines its view that the tying of IE to Windows provides Internet Explorer with an artificial distribution advantage which other web browsers are unable to match. This “harms competition between web browsers, undermines product innovation and ultimately reduces consumer choice”.

It EU executive is also concerned that “the ubiquity of IE creates artificial incentives for content providers and software developers to design websites or software primarily for Internet Explorer which ultimately risks undermining competition and innovation in the provision of services to consumers”.

Microsoft has eight weeks to reply the SO and will then have the right to an Oral Hearing. If SO findings confirmed, the Commission may impose a fine and require Microsoft to make changes to Windows that would ameliorate the Commission’s concerns.

In a short statement, Microsoft said it was still examining the SO.

“We are committed to conducting our business in full compliance with European law. We are studying the Statement of Objections now.”

The decision to issue the SO is based on legal principles established in the 2007 ruling by the European Court of First Instance, which upheld the Commission’s 2004 finding that Microsoft had abused its dominant position in the PC operating system market by tying Windows Media Player to its operating system.

That judgement saw Microsoft release a special N version of Windows XP without Media Player, which remained available as a free download. The company was also fined and has to date been ordered to pay fines totalling €1.68 billion for this and other antitrust violations.

Author: Simon Aughton