Court dismisses Microsoft appeal in antitrust case

Commission President José Manuel Barroso said: "This judgement confirms the objectivity and the credibility of the Commission's competition policy. This policy protects the European consumer interest and ensures fair competition between businesses in the Internal Market."  

Competition Commissioner Neelie Kroes stated: "The Court has upheld a landmark Commission decision to give consumers more choice in software markets. That decision set an important precedent in terms of the obligations of dominant companies to allow competition, in particular in high tech industries. The Court ruling shows that the Commission was right to take its decision. Microsoft must now comply fully with its legal obligations to desist from engaging in anti-competitive conduct. The Commission will do its utmost to ensure that Microsoft complies swiftly."

Brirish Conservative MEP Malcom Harbour said: "Hopefully this definitive judgment brings to an end this long running saga and all the parties concerned can now benefit from this clear ruling. I welcome this judgment because it supports our policy of free and open markets and maximum competition in this important area." 

Harbour added: "In the light of the criticisms made by the Court, the European Commission needs to examine its working practices. The very long time taken by the Commission to reach a decision in this case is unsatisfactory in a fast moving industry." 

Lars Liebeler, Antitrust Counsel with the Computing Technology Industry Association (CompTIA), a pro-Microsoft Industry Alliance which supported the company in Court, said: "Today's decision by the Court of First Instance represents a significant blow to free enterprise in Europe. Rather than supporting Europe as the innovation capital of the world, unchecked, the Commission's policies may turn the EU into the litigation capital of the world. 

This decision encourages competitors to bring legal action against each other rather than compete aggressively in the marketplace. Rather than focus on fundamental principles of consumer choice and market economics, the Court has made clear that government officials will play a central role in determining the contours and direction of technology markets and the design of products in those markets even if that involvement is contrary to consumer wishes."

Ken Wasch, President of the Software and Information Industry Association (SIIA), said: "After one of the most thorough investigations in the history of competition law, spanning over seven years, the Commission has taken a steady and decisive course. From the beginning, the requirements facing Microsoft were clear. Implementing the decision is important to the software industry. We hope that, with this essential step, this will be forthcoming promptly and effectively."

Thomas Vinje, Spokesman and Legal Counsel with the European Committee for Interoperable systems (ECIS), an industry alliance of Microsoft-critical companies, which also supported the Commission's case at the European Court of Justice, said: "The time has now come for Microsoft to obey the law. No more blaming the Commission for lack of clarity, nor more excuses about complexity. The provision of interoperability information is common software industry practice. Microsoft knows full well what is required and how to provide it and now just needs to do it. 

But equally important, this landmark judgement sets a clear standard for Microsoft's future conduct, and empowers the European Commission to impose it in the European market when necessary. Moreover, the judgement is fully consistent with Court jurisprudence which since the 1970s has shown that the Commission has consistently and appropriately applied European antitrust law in IT markets to ensure fair competition based on interoperability."

Georg Greve, president of the Free Software Foundation Europe (FSFE), an association of developers of Free and Open-Source Software such as the Linux operating system and the Firefox browser, said: "Microsoft can consider itself above the law no longer. Through tactics that successfully derailed antitrust processes in other parts of the world, including the United States, Microsoft has managed to postpone this day for almost a decade. But thanks to the perseverance and excellent work of the European Commission, these tactics have now failed in Europe."

Open Forum Europe commented: "OpenForum Europe welcomes this decision, and looks to the whole ICT industry to respond by taking positive steps to increase competitive choice. Open, competitive choice for the IT user can now be a reality, but users must adopt sensible purchasing measures to ensure its success. OFE analysis has in the past concluded that up to 90% of all public sector organisations may have lost their choice to deploy better or more cost effective solutions as a result of past lock-in."