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March 25, 2004 12:00 AM

EU's Microsoft Verdict Raises Questions

Windows IT Pro
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"Today's decision restores the conditions for fair competition in the markets concerned and establishes clear principles for the future conduct of a company with such a strong dominant position." With those words, European Union (EU) Competition Commissioner Mario Monti set the stage for an epic battle with the world's largest software company, a battle that could ultimately have even wider repercussions than Microsoft's US antitrust battle.
  
Despite the general similarities, the European antitrust case is startlingly different from the suit Microsoft faced in the United States. Microsoft's legal challenges mounted quickly 6 years ago and hit a crescendo with Judge Thomas Penfield Jackson's Findings of Fact and, after early settlement attempts failed, his final verdict against the company, in which he recommended that Microsoft be split into two separate companies, one to sell OSs and the other to sell applications. After that decision, however, the government slowly dismantled the US case, which ended with a whimper when Microsoft ultimately settled it in late 2001.
  
In Europe, the case against Microsoft actually began as two quiet and separate investigations--one regarding server software and the other focused on media players. The EU eventually combined the investigations into one probe, which occurred out of sight of the press. Unlike the high-profile US case, the Europeans went about the business of proving Microsoft's antitrust abuses quietly and without many leaks. Slow-moving and precise, the Commission regulators obviously wanted to avoid their US counterparts' procedural mistakes and present a case that was as clear cut and defensible as possible.
  
The Commission certainly met that goal, and yesterday's verdict was uniformly met with positive reactions from Microsoft's competitors. "The European Commission has formally declared that Microsoft's media player bundling strategy is illegal and has established the guideposts for future bundling cases," RealNetworks Vice President and General Counsel Bob Kimball noted. A RealNetworks complaint instigated Europe's investigation into Windows Media Player (WMP), according to sources.
  
"Sun applauds the European Commission's decision in the Microsoft case," said Lee Patch, vice president of legal affairs at Sun Microsystems, the company that instigated the European server-software investigation. "Because the decision is forward looking and covers future product releases, consumers can be confident that other workgroup server suppliers will be able to meet their needs even as Microsoft introduces new products."
  
Outside of competitive circles, reactions to the verdict were mixed, although Microsoft itself condemned the decision as overly harsh and contradictory to the remedies it faced as a result of its US antitrust settlement. "Every company should have the ability to improve its products to meet the needs of consumers," said Microsoft CEO Steve Ballmer, whose public statements about the European case, frankly, are far more subdued than they were when he discussed the US Department of Justice (DOJ) decision a few years ago. 
  
Many analysts believe, however, that the EU's charges will have little effect on Microsoft's behavior. They might have a point. Despite its protestations, Microsoft already offers versions of Windows that don't contain software bundles, including a unique Windows XP version specifically designed for the Thailand market. "Only time will tell whether the Commission's actions will have the desired effect," admitted Red Hat Senior Vice President, General Counsel, and Secretary Mark H. Webbink, whose company competes with Microsoft. Anyone who lived through the highs and lows of the US antitrust case would be wise to adopt a similar wait-and-see attitude.
  
So, what happens now? Aside from the possibility of a settlement, Microsoft faces two basic outcomes. First, the company could appeal the case and keep it hung up in European courts for so long that the next Windows version (code-named Longhorn) would ship in the interim. Longhorn will include several recently devised bundled technologies, including a Google-busting search engine that European investigators are just now starting to investigate. Like earlier antitrust cases, however, any postappeal verdict will likely be out of date by the time it happens, and we'll all wonder in 2008 or 2009 what the fuss over media players was about.
  
Second, the European courts could deny Microsoft an appeal, forcing the company to change its Windows products, at least in Europe, so that they don't include WMP. Doing so isn't a huge hardship, but it would impact the way the company develops future products, including Longhorn. Will Microsoft be forced to change Longhorn if it loses its case in Europe? Microsoft's legal representatives have already admitted that, yes, the company will do so. Whether those changes include removing integrated Internet search capabilities from Longhorn remains to be seen. But what happens if Google also complains about Microsoft's moves in either the United States or in Europe? The sheer weight of these interrelated product-bundling lawsuits will surely affect Microsoft's product planning going forward.
  
Regardless of the outcome, one fact is clear: Whether through fear of future reprisals or requirements of law, Microsoft's behavior will change further because of the EU antitrust case. Just as a "kinder and gentler" Microsoft emerged, if briefly, after its US antitrust case, I think we can expect to see a more open and competition-agnostic Microsoft emerge from this case, and it would behoove the company to show this new face to the world, effective immediately.

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Comments
  • Gilgud
    8 years ago
    Apr 02, 2004

    Funny how the MS-DOJ settlement used to be a scandalous capitulation by the US and MS used to be an evil empire that needed to be brought down. Enter a few EU regulators who see things from a corpotate competition perspective instead of consumer harm and suddenly MS is a honest-to-God American institution that needs to be protected from those commie EU meddlers. Monti & Co do not care that Media Player is worse or better than RealPlayer, they respond to claims (by American companies) that MS forces products out of the market through it's desktop dominance.

  • Gerard
    8 years ago
    Apr 02, 2004

    I would like to challenge the gentlemen above to provide an argument for their rejection of the EU verdict. Microsoft seems to offer additional software free of charge where it wants to obstruct other software vendors to enter the market. There is no free Word or Outlook as there are no serious competitors (left). Mediaplayer and Explorer were offered free to fight of competition, of course offering extra functionality to us users. But that functionality comes at a cost. Microsoft can do this as a result of to the high profit it makes in the market for operating systems and office suites (see Smithy). Of course the monopoly in these markets is the real problem, providing Microsoft the means for anticompetitive behaviour in other markets. The EU nor the US Justice department have been able to find a remedy for that problem. So in that sence the ruling is definitely a second best solutions.
    The other issue is the withholding of information to other software vendors to allow their poducts to offer stable network connections with Microsoft products. I don't believe any of the gentlemen sees that as desirable.
    Dear Smithy, from the postings here it seems there are more Europe-hating American masses than vise versa. Dear John, of course we can use other products. But is costs money to make them. Money Real Networks and Netscape run (or ran) out of and Microsoft has because its monopolictic pricing of Windows and Office. Dear Daniel, I live in Europe. As it the verdict targets a US company the sucking of the verdict is less a problem for the people of Europe than for the people of Redmond, Washington. Come live hear and the verdict "sucks" far less. Dear Jeff, removing the functionalities with competitive products in a Windows version at a significantly lower price is more the idea. Dear Dan, you clearly describe the problem of a monopoly. Microsoft can withdraw its product from any market with severe consequences for that region. That is why mature competing products are needed.

  • Smithy
    8 years ago
    Mar 30, 2004

    The EU makes anti-trust decisions based far less on the law than on giving red meat to the American-hating European masses.
    This is all about jealous Europeans trying to take down a very succesfull American company for which the European haters simply don't have any equivalent.
    Its going to fail.
    In 10 years time, Microsoft will be having sales of over $120 billion, profits of over $40 billion and be far more powerful then ever before, and old Monti will be but a forgotten footnote in history, busy planting tomatoes in some little garden in Italy.

  • John
    8 years ago
    Mar 29, 2004

    I can't see why the EU is so upset with Windows Media Player being bundled with Windows. Users can always download and use other media players. Users can also change default file associations to use a media player other than WMP. It is not as though Microsoft prevents any of this. Of course users have to know how to do this.... Only the truly lazy or computer illiterate would be "unable" to do any of this.

  • DANIEL
    8 years ago
    Mar 25, 2004

    EU Verdict Sucks!... Thanks god I'm not living in Europe :)

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