Microsoft's browser-tying case may or may not be heard by the EC

This morning, Microsoft issued its formal, sealed response to the European Commission's January Statement of Objections, which was the EC's first step toward formally charging the software maker with objectionable conduct by bundling Internet Explorer with Windows. But in a correction of press accounts early this morning, both Microsoft and the European Commission confirmed to Betanews today that the company only issued a request for a hearing before the EC in order to preserve its right to be heard at a later date, and that Microsoft has not decided whether it actually will present its case orally.

"Parties responding to a [Statement of Objections] are required to indicate by that response whether they will request a hearing or preserve their right to one," Microsoft corporate spokesperson Jack Evans told Betanews. "That doesn't mean Microsoft will ultimately press for a hearing...The company has requested a hearing to preserve its right to have one at a later date, but has not yet made that determination."

As the European Commission notes on its own Web site, companies sent a Statement of Objections (SO) are given an eight-week grace period to respond, and they may do so orally. Microsoft's grace period was extended by one week by request. But as European Commission spokesperson Jonathan Todd told Betanews this afternoon, companies can extend their right to be heard even after having issued their written response, and that's the step the company has taken.

"Companies responding to a Statement of Objections do have the right to request an oral hearing as a matter of course," stated Todd. "Some companies choose not to exercise this right. Microsoft has indicated to the Commission that it is exercising this right. No date has yet been set."