Microsoft
Microsoft is now facing a record €497m fine in its European antitrust case

EU dismisses Microsoft antitrust appeal

Case still far from over, warn analysts

Written by Ian Williams

The European Court of First Instance in Luxembourg has backed the European Commission's judgement on the 2004 antitrust lawsuit against Microsoft.

Microsoft is now facing a record €497m fine as well as having to pay 80 per cent of the legal costs of the case.

The software giant will also have to assist its rivals with third-party integration through documentation and support, and strip its media player software from a version of Windows.

The Luxembourg court said in its ruling: "The Court of First Instance essentially upholds the Commission's finding that Microsoft abused its dominant position."

Bo Vesterdorf, the presiding judge, added: "The court finds that the Commission did not err in assessing the gravity and duration of the infringement, and did not err in setting the amount of the fine.

"Since the abuse of a dominant position is confirmed by the court, the amount of the fine remains unchanged."

The case began in 1998 following a complaint to the European Union by Sun Microsystems, accusing Microsoft of using its operating system dominance to squash competition in other areas such as media players and internet browsers.

However, analysts have warned that this is far from the end of the road. " The EU has its victory but it must now work hard to bring the case to a conclusion," said David Mitchell, senior vice president of IT research at Ovum.

"The ruling will not bring an end to the case, and will not deliver the closure that everyone outside the self-perpetuating legal bean-feast wishes to see.

"There is the potential for a continued debate concerning Microsoft's compliance with the measures, with claims that the progress made by Microsoft in documenting and opening up its protocols already constitutes compliance, against a vague and unclear original request."

Microsoft general counsel Brad Smith said that the company will be studying the decision in detail, and that "if there are additional steps that we need to take in order to comply with it we will take them."

Smith will hold a press conference later today in Brussels to discuss the judgement and Microsoft's reaction.

As the European Court of First Instance is the EU's second highest court, the case can still be appealed to at the European Court of Justice.

Tags:

reader comments

related articles

Microsoft

Microsoft under fire from the EU again

Commission claims royalty prices are too high 02 Mar 2007

 

Microsoft guilty of 'abusive' market tactics

European Competition Commissioner threatens Redmond again 26 Mar 2007

Telefónica hit with record antitrust fine

Operator outraged by 'unjustified and disproportionate' €152m fine 05 Jul 2007

US states demand more Microsoft oversight

Fears of market monopolisation remain 12 Sep 2007

DoJ claims victory in Microsoft antitrust battle

Competition and consumers have benefited, according to US government 31 Aug 2007

SFO's weaknesses detailed in De Grazia review

'As a consequence of the leadership deficits described above, a “pass the buck”, risk-averse, “complaint” culture has developed in the SFO' - De Grazia report 10 Jun 2008

Eurostat execs win damages

EU's anti fraud unit 'infringed right of defence' of statistics directors 11 Jul 2008

Opera accuses Microsoft of abusing 'monopoly position'

Browser firm lifts curtain on European antitrust complaint 13 Dec 2007

related whitepapers

today's top stories

IT's stock is soaring at the LSE

London Stock Exchange IT chief David Lester explains to Angelica Mari how the integration of Borsa Italiana is keeping his team busy, despite the worsening economy 20 Nov 2008

Cutting-edge IT delivers the goods

Chief technology officer Jay Bregman explains how constant innovation is part and parcel of his strategy for delivering competitive advantage at eCourier 20 Nov 2008

Computing podcast: Europol's data sharing woes; credit card protection at Cotton Traders

The pan-European fight against organised crime is undermined by lax data sharing arrangements; and Cotton Traders enhances its credit card protection 20 Nov 2008

Keeping IT on track

Catherine Doran, winner of Computing’s IT Leader of the Year award, tells Angelica Mari of her determination to drive on with technology-led transformation at Network Rail despite uncertainty over funding 19 Nov 2008

Examining the IT skills challenge

Watch a BCS roundtable debate on the issues affecting IT professionals - the last of a four-part series 17 Nov 2008

Advertisement

Newsletter signup

Sign up for our range of FREE newsletters:

Existing User

Newsletter user login:

Advertisement

Jobs

Related jobs

Job of the week

Job alerts

Sign up here

Find your next job

IT Salary Checker

Check salary here

Advertisement

White papers

Search white papers

Top categories

VPN, Extranet and Intranet Solutions

WAN/ LAN Solutions

Network Security

Interoperability-Connectivity

Grid/ Utility Computing

Latest poll

Has the state of the economy forced to re-evaluate your IT purchasing options?

Has the state of the economy forced to re-evaluate your IT purchasing options?

Are you re-thinking your IT spending?

Previous poll results

Latest audio and video articles

Video

The definitive guide to converged communications

Five key trends and five best practice tips to help you improve your corporate communications 20 Nov 2008

PodcastAudio

Computing podcast: Europol's data sharing woes; credit card protection at Cotton Traders

The pan-European fight against organised crime is undermined by lax data sharing arrangements; and Cotton Traders enhances its credit card protection 20 Nov 2008

Latest in-depth articles

Dave BaileyComment

Clouds darken outlook for Vista's successor

Windows 7 looks like being an improvement on Vista, but economic and environmental concerns may mean few enterprises will rush to adopt it 20 Nov 2008

Soca unitAnalysis

EU police in the dock over data sharing

Poor integration and lax practices are jeopardising EU efforts to fight international crime 20 Nov 2008

Advertisement

Primary Navigation