Microsoft confirms EC appeal

'Significant new obligations'

By John Oates • Get more from this author

Posted in Operating Systems, 9th June 2004 09:14 GMT

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Microsoft has confirmed that it is taking the EC back to court to appeal against the €497m fine imposed on the company. It also wants to overturn the EC competition ruling that it must offer a version of Windows without its Media Player and supplies competitors with more information about the internal workings of Windows.

Horacio Gutierrez, associate general counsel for Microsoft Europe, said the interests of European businesses and consumers "should be at the heart of this case".

"The Commission's decision undermines the innovative efforts of successful companies, imposing significant new obligations on successful companies to license their proprietary technology to competitors, and restrict companies' ability to add innovative improvements to their products. The legal standards set by the Commission's Decision significantly alter incentives for research and development..."

Competition Commissioner Mario Monti yesterday said he remained confident that the court would uphold the EC ruling.

Microsoft will later file to ask for a suspension of the Commissions demands until after the appeal is heard. The case was begun after complaints from Sun Microsystems: it ended its argument with Microsoft this year in exchange for almost $2bn. The appeal will be heard in the Court of First Instance, Luxembourg. ®