The preliminary conclusions of the probe find that bundling the browser to Windows gives the American giant "an artificial distribution advantage" which "harms competition between web browsers, undermines product innovation and ultimately reduces consumer choice," according to a press release published by the Commission on 16 January.
Microsoft has eight weeks to respond to the latest allegations, and can also request an oral hearing. But condemnation by the EU executive, although not yet a certainty, is now very likely. Indeed, the Commission won a similar case against the IT giant in 2007, when the European Court of Justice upheld a fine imposed on Microsoft for tying its media player software (Windows Media Player) to Windows (EurActiv 17/09/07).
Microsoft keeps selling in Europe a version of the Windows operating system which includes Windows Media Player.
Relations between the EU executive and Microsoft have long been strained by alleged violations of EU competition rules. The Commission has already forced the US giant to disclose its server protocols to competitors in order to make them interoperable.
New probes are ongoing regarding the interoperability of the MS Office Suite, as well as software that allows the use of common programmes such Microsoft Outlook. Moreover, beyond Internet Explorer, the Commission is also questioning the legality of bundling desktop search software and the Windows Live search engine to the Windows operating system ((EurActiv 15/01/08).
Microsoft responded to the fresh accusations by saying it will study the documents. It did not rule out requesting an oral hearing. ECIS, an association which brings together Microsoft's largest competitors, including Sun Microsystems, IBM, Adobe and Oracle, welcomed the Commission's move. ECIS had previously filed a complaint against Microsoft Internet Explorer on behalf of one of its members, the web browser developer Opera.
