Microsoft: Some Progress in EU Case
Microsoft ended its two-day hearing with the European Commission on Friday with an upbeat tone, saying it had made progress in coming to an understanding with the EU's antitrust watchdog. The hearing was scheduled to determine whether Microsoft had adequately complied with a March 2004 ruling against it.
Professor Neil Barrett, an independent monitor hired to evaluate Microsoft's compliance, outlined on Friday what the Redmond company must do to avoid 2 million euro fines dating back to December 15. That date is when the Commission filed its statement of objections accusing Microsoft of not following through on opening up Windows Server protocols to third parties.
Microsoft general counsel Brad Smith said the company was "very encouraged" by Barrett's plan to move reach a compromise, adding that, "It finally gives us the kind of specificity and clarity that we need in order to work in a constructive way and to move all these issues forward."
However, EU officials and Microsoft rivals remained skeptical. "The monitor is an adviser to the European Commission and does not make proposals," noted spokesperson Jonathan Todd.
The Commission said that Microsoft still hasn't adequately shared technical information and accused the company of turning the proceedings into a PR circus. Over 100 lawyers and officials filled in the closed-door hearings, and Microsoft canceled a press conference on the Commission's request.
Microsoft claims its documentation meets industry standards and has been used by a number of partners to create software compatible with Windows. At the hearing, it cited EMC, StarBak Communications, Tandberg Television and Network Appliance as four companies that utilized the technical information.
It could be weeks before the EU Commission comes to a decision on whether to fine Microsoft above its initial 497 million euro payout. If the fines are imposed, the company could be forced to spend an additional 200 million euros and potentially face further sanctions against it.
Earlier this week, the European Union also expressed concern regarding Windows Vista, reminding Microsoft that it must not revert to its old ways. While the Commission has not yet opened up an investigation into Vista, it has asked Microsoft to respond to its concerns. If the EU finds evidence of anti-competitive behavior, a new case against the Redmond company could be made.