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Paul Merrell

Working to Fulfill our Legal Obligations in Europe for Windows 7 - Microsoft On The Issues - 0 views

  • Earlier today CNET reported that Microsoft had sent a memo to computer manufacturers and retailers about our plans for Windows 7 in Europe.  We’re getting quite a few calls on this, so we thought it would be helpful to explain our plans.
  • In January the European Commission provided its preliminary view that Microsoft’s “bundling” of Internet Explorer in Windows violated European competition law.
  • Windows 7 will be offered in Europe in all of the versions that will be available here in the United States, both 32- and 64-bit, with an “E” at the end of the product name (for instance, Windows 7 Home Premium E).  The E versions of Windows 7 will ship at the same time as Windows 7 ships in the rest of the world, and they will be available in 23 European languages. What does this mean for European consumers?  The E versions of Windows 7 will include all the features and functionality of Windows 7 in the rest of the world, other than browsing with Internet Explorer.  Computer manufacturers will be able to add any browser they want to their Windows 7 machines, including Internet Explorer, so European consumers who purchase new PCs will be able to access the Internet without any problem.  Consumers will also be able to add any Web browser to their PCs, to supplement or replace the browsers preinstalled by their computer manufacturer.  Most importantly, the E versions of Windows 7 will continue to provide all of the underlying platform functionality of the operating system—applications designed for Windows will run just as well on an E version as on other versions of Windows 7. 
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  • Our decision to only offer IE separately from Windows 7 in Europe cannot, of course, preclude the possibility of alternative approaches emerging through Commission processes.  Other alternatives have been raised in the Commission proceedings, including possible inclusion in Windows 7 of alternative browsers or a “ballot screen” that would prompt users to choose from a specific set of Web browsers.  Important details of these approaches would need to be worked out in coordination with the Commission, since they would have a significant impact on computer manufacturers and Web browser vendors, whose interests may differ.   Given the complexity and competing interests, we don’t believe it would be best for us to adopt such an approach unilaterally. 
  • In January 2009 the Commission sent Microsoft a “Statement of Objections.” In it the Commission advised Microsoft of its preliminary view that the inclusion of Web browsing software in Windows violates European competition law. The Commission said in this document that it intends to impose a fine for this. The Commission also said that, with hindsight, the remedy adopted in its 2004 decision was not effective because there was very limited consumer demand for the versions of Windows without media player. We were, of course, disappointed to learn that the approach we took in September 2008 would not adequately address the Commission’s concerns. Microsoft filed its response to the Commission’s Statement of Objections in April. We believe we made a strong showing that including Internet Explorer in Windows is lawful so that no remedy is needed. We hope that the Commission will ultimately agree with us. In the meantime, we have to move forward with final planning for the release of Windows 7, so we’ve decided that instead of including Internet Explorer in Windows 7 in Europe, we will offer it separately. As noted, we will continue to discuss browser issues and other matters with the Commission.
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    Note the emphasis that this is a unilateral move by Microsoft and a different remedy may still be forthcoming from DG Competition. In particular, not only the remedy as to bundling may be different, but other related issues remain, such as Opera's complaint that Microsoft had been undermining Open Web standards with inadequate support.
Paul Merrell

EUROPA - Press Releases - Antitrust: Commission opens proceedings against MathWorks - 2 views

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    Commission v. MIcrosoft Redux.
Paul Merrell

News - Antitrust - Competition - European Commission - 0 views

  • Google inquiries Commission accuses Google of systematically favouring own shopping comparison service Infographic: Google might be favouring 'Google Shopping' when displaying general search results
  • Antitrust: Commission sends Statement of Objections to Google on comparison shopping service; opens separate formal investigation on AndroidWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission opens formal investigation against Google in relation to Android mobile operating systemWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission sends Statement of Objections to Google on comparison shopping serviceWed, 15 Apr 2015 10:00:00 GMTStatement by Commissioner Vestager on antitrust decisions concerning GoogleWed, 15 Apr 2015 11:39:00 GMT
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    The more interesting issue to me is the accusation that Google violates antitrust law by boosting its comparison shopping search results in its search results, unfairly disadvantaging competing shopping services and not delivering best results to users. What's interesting to me is that the Commission is attempting to portray general search as a separate market from comparison shopping search, accusing Google of attempting to leverage its general search monopoly into the separate comoparison shopping search market. At first blush, Iim not convinced that these are or should be regarded as separable markets. But the ramifications are enormous. If that is a separate market, then arguably so is Google's book search, its Google Scholar search, its definition search, its site search, etc. It isn't clear to me how one might draw a defensible line taht does not also sweep in every new search feature  as a separate market.   
Paul Merrell

Microsoft Is Said to Be in Talks to Settle EU Cases (Update2) - Bloomberg.com - 0 views

  • Microsoft Corp., which has been fined 1.68 billion euros ($2.34 billion) in European Union antitrust cases, is in preliminary talks to settle two additional probes before EU Competition Commissioner Neelie Kroes leaves office, four people familiar with the negotiations said. Any agreement would have to resolve a case over Microsoft’s Internet browser as well as a separate investigation into word processing and spreadsheet software, said the people, who declined to be identified because the talks are confidential.
  • The commission has said it is considering forcing the Redmond, Washington-based company to offer consumers a choice of browsers when setting up a new personal computer on a so-called ballot screen. Microsoft responded by saying it would ship Windows 7 operating-system software without Internet Explorer to avoid breaking EU law.
Paul Merrell

Excite News - EU files antitrust charges against Google - 0 views

  • BRUSSELS (AP) — The European Union's competition chief is filing an antitrust complaint alleging Google has been abusing its dominance in Internet searches and is opening a probe into its Android mobile system.EU Competition Commissioner Margrethe Vestager said Wednesday she is "concerned that the company has given an unfair advantage to its own comparison shopping service."Vestager said the separate antitrust probe into Android will investigate whether the Internet giant relies on anti-competitive deals and abuses its dominant position in Europe's mobile market.Vestager said her chief goal was to make sure multinationals "do not artificially deny European consumers as wide a choice as possible or stifle innovation".Google's general counsel Kent Walker wrote late Tuesday that a "statement of objections" to Google's business practices was to be released by Vestager Wednesday.
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