In an unexpected move, Microsoft Corp. Thursday posted on its Web
site its formal response to the European Commission's Statement of
Objections, complaints made in the European Union's (EU's)
antitrust case against the company.
The response, filed Feb. 15 in Brussels as an attempt to avoid
hefty fines the Commission is considering against Microsoft, is
online at
http://www.microsoft.com/presspass/legal/02-23-06ResponsetoECSO.mspxAccording to Jack Evans, a Microsoft spokesman, the filing
process for the EU antitrust case has been "a closed process."
Microsoft decided to go public with its confidential filing, with
some slight tweaks, because it has concerns about "the transparency
of the process" and wanted to make the documents public, he
said.
Microsoft has complained that the Commission has failed to consider
key information it has submitted and that it has not given the
company due process to defend itself in the case.
According to the Web site, Microsoft's formal response to the
Commission shows evidence that the company is "in full compliance"
with the technical documentation requirements imposed by the
Commission's antitrust ruling in 2004. It also "details numerous
ways in which the Commission had ignored key information and denied
Microsoft due process in defending itself," the company said.
In addition to a 78-page formal response to the Commission's
Statement of Objections, Microsoft also posted a report on its
compliance efforts. In addition, the Web site includes reports by
independent software system engineering professors that have taken
a look at Microsoft's technical documentation.
The Commission's Statement of Objections was issued in December
2005.
Microsoft had until Feb. 15 to convince the Commission it is
complying with the 2004 ruling, which required the company to
ensure interoperability of its server software with competitors,
among other things. The Commission has not responded yet to
Microsoft's response.
If the Commission decides Microsoft has not complied with its
ruling, the company could face daily fines of up to b,2 million
(US$2.4 million) per day), though the actual fines imposed would
likely be less than half of that.
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