Microsoft
Microsoft is now facing a record €497m fine in its European antitrust case

EU dismisses Microsoft antitrust appeal

Case still far from over, warn analysts

Written by Ian Williams

The European Court of First Instance in Luxembourg has backed the European Commission's judgement on the 2004 antitrust lawsuit against Microsoft.

Microsoft is now facing a record €497m fine as well as having to pay 80 per cent of the legal costs of the case.

The software giant will also have to assist its rivals with third-party integration through documentation and support, and strip its media player software from a version of Windows.

The Luxembourg court said in its ruling: "The Court of First Instance essentially upholds the Commission's finding that Microsoft abused its dominant position."

Bo Vesterdorf, the presiding judge, added: "The court finds that the Commission did not err in assessing the gravity and duration of the infringement, and did not err in setting the amount of the fine.

"Since the abuse of a dominant position is confirmed by the court, the amount of the fine remains unchanged."

The case began in 1998 following a complaint to the European Union by Sun Microsystems, accusing Microsoft of using its operating system dominance to squash competition in other areas such as media players and internet browsers.

However, analysts have warned that this is far from the end of the road. " The EU has its victory but it must now work hard to bring the case to a conclusion," said David Mitchell, senior vice president of IT research at Ovum.

"The ruling will not bring an end to the case, and will not deliver the closure that everyone outside the self-perpetuating legal bean-feast wishes to see.

"There is the potential for a continued debate concerning Microsoft's compliance with the measures, with claims that the progress made by Microsoft in documenting and opening up its protocols already constitutes compliance, against a vague and unclear original request."

Microsoft general counsel Brad Smith said that the company will be studying the decision in detail, and that "if there are additional steps that we need to take in order to comply with it we will take them."

Smith will hold a press conference later today in Brussels to discuss the judgement and Microsoft's reaction.

As the European Court of First Instance is the EU's second highest court, the case can still be appealed to at the European Court of Justice.

See also:

reader comments

related articles

Microsoft

Microsoft under fire from the EU again

Commission claims royalty prices are too high 02 Mar 2007

 

Microsoft guilty of 'abusive' market tactics

European Competition Commissioner threatens Redmond again 26 Mar 2007

Telefónica hit with record antitrust fine

Operator outraged by 'unjustified and disproportionate' €152m fine 05 Jul 2007

US states demand more Microsoft oversight

Fears of market monopolisation remain 12 Sep 2007

DoJ claims victory in Microsoft antitrust battle

Competition and consumers have benefited, according to US government 31 Aug 2007

SFO's weaknesses detailed in De Grazia review

'As a consequence of the leadership deficits described above, a “pass the buck”, risk-averse, “complaint” culture has developed in the SFO' - De Grazia report 10 Jun 2008

Eurostat execs win damages

EU's anti fraud unit 'infringed right of defence' of statistics directors 11 Jul 2008

EU urges adoption of open software

Euro bosses take sideswipe at Microsoft by pledging to promote products that support open standards 12 Jun 2008

latest news

Novell to shuffle EMEA executive pack

Linux vendor shifts partner programme responsibilities to marketing organisation 09 Jan 2009

Ballmer highlights aims for New Year

Ballmer announces Windows 7 beta and future alliances designed to improve information sharing 08 Jan 2009

Active Storage completes UK Jigsaw

Jigsaw unveiled as Raid vendor's first non-US Platinum partner as it launches in Europe 08 Jan 2009

poll

Challenging times ahead?

Challenging times ahead?

Do you think there will be a lot of channel job cuts in 2009?

Previous poll results

Paul Anderson, Trend Micro

Vendor Q&A: Paul Anderson, Trend Micro

During this Q&A session Paul Anderson, UK country manager of Trend Micro talks about the changing threat landscape and how Trend is working with resellers in 2009

Sara Yirrell and Rick Wallis

Vendor Q&A: Rick Wallis, NEC Computers

In this exclusive vendor Q&A, Rick Wallis, UK sales director at NEC Computers talks to CRN editor Sara Yirrell about his firm’s plans for the channel.

events

Channel Expo 2009 logo

Channel Expo 2009

The UK's top reseller exhibition will return to the NEC on 20 May 2009

CRN Fight Night 2009

The channel's only white-collar boxing event is back

Newsletter signup

Sign up for our range of FREE newsletters:

Existing User

Newsletter user login:

Advertisement

White papers

Search white papers

Top categories

Primary Navigation