The EU's competition watchdog slapped Microsoft last Wednesday
with a record €497.2 million ($604 million) fine for abusing its
dominant position in the European market.
The European Commission said that Microsoft must release
information that may be protected by intellectual property laws to
its competitors.
Bringing the five-year investigation to a close, the Commission
found that the US software giant had violated EU competition rules
by deliberately restricting the interoperability of its Windows
software with competing computer applications.
Microsoft's operating systems run on more than 95% of the
world's personal computers, a situation which the Commission
described as a "near monopoly".
"This illegal conduct has enabled Microsoft to acquire a
dominant position in the market for work group server operating
systems," said the Commission.
According to the Commission, one result of Microsoft's conduct
is a decline in competition in the digital media player market.
In addition to the fine – the highest imposed by the EU – the
Commission gave Microsoft three months to present PC manufacturers
with a stripped-down version of its Windows operating system that
excludes the Windows Media Player.
It also ordered the company to disclose within 120 days complete
and accurate interface documentation to its competitors allowing
them to develop competing products. The disclosures would need to
be updated with every new Microsoft release.
If any such information was protected by IP rights, the
Commission said that Microsoft "would be entitled to reasonable
remuneration". But it gave no more details about who will decide
what "reasonable remuneration" actually means and how much it will
be.
"In effect, it will most likely mean compulsory licensing for
Microsoft," said Pat Treacy, head of competition law at Bristows.
"For IP owners, this will be what they will focus on most
closely."
Treacy said that imposing a compulsory licence is "pretty
unusual" for the Commission, and so far it is only the second such
final decision, after the Magill TV licence case.
According to the Commission, the disclosures, which will not
include the Windows source code, are necessary because the "illegal
behaviour is still going on" and disclosure is the only solution to
restore the conditions of fair competition.
Microsoft senior vice-president and general counsel Brad Smith
said the company will appeal the ruling to the European Court of
First Instance, and will also ask for a stay in the Commission's
imposed restrictions.
"We have acted responsibly while seeking to build the best
products we can to meet the needs of our customers," said Smith.
"We believe that the Commission's decision would actually reduce
consumer choice and hurt European software developers. We want to
resolve these issues as quickly as possible, and we look forward to
the possibility of continuing these discussions as this case moves
forward."
But a final verdict on the case is unlikely for another five to
six years, according to Treacy. Following Microsoft's appeal, the
Court of First Instance could take up to two years to give its
judgement, which would most likely be appealed by either party to
the European Court of Justice. A judgment here could take another
two years.