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:

Further reading

Microsoft under fire from the EU again

Commission claims royalty prices are too high   More...

Microsoft guilty of 'abusive' market tactics

European Competition Commissioner threatens Redmond again   More...

Telefónica hit with record antitrust fine

Operator outraged by 'unjustified and disproportionate' €152m fine   More...

US states demand more Microsoft oversight

Fears of market monopolisation remain   More...

Related articles

Rambus under fire for EU 'patent ambush'

European Commission gets tough with chip firm   More...

DoJ claims victory in Microsoft antitrust battle

Competition and consumers have benefited, according to US government   More...

Microsoft plays nice with the EU

General counsel Brad Smith vows to bend over backwards   More...

Monsoon settles BusyBox legal dispute

US still waiting for first GPL case to come before a jury   More...

Do you agree?

Advertisement

Job of the week

Search thousands of IT jobs :

Search thousands of IT jobs:

Advanced search

Hiring now on ComputingCareers:

Related IT jobs

Search thousands of IT jobs :

Search thousands of IT jobs:

Advanced search

Advertisement

Watch

25 Jul 2008

7.85 MBPodcast Special: Views from the Valley More...

24 Jul 2008

3.68 MBSpammer jailed, Esquire e-cover, and network passwords More...

23 Jul 2008

2.99 MBSmall time security, official 'spying' requests and a spammer jail break More...

Poll

EUROPEAN E-COMMERCE

EUROPEAN E-COMMERCE

Are you happy making an online purchase from another European country?

Previous poll results

Newsletter signup

Sign up for our range of FREE newsletters:

Existing User

Newsletter user login:

Enter email address to edit your newsletter preferences

Spotlight

Credit card transaction

Credit card fraud rampant in the UK

Attempted frauds go unreported and ignored, analysts claim   More...

Intel

Intel rolls out new embedded line-up

System-on-a-chip offerings promise footprint and power saving   More...

Advertisement

Network cables

Tech giants collaborate on wireless HD

Another attempt at cable-free transmission in the home   More...

iPhone fever fills AT&T coffers

US provider cashes in on Apple smartphone   More...

Advertisement