Commission aims to uphold EU law in Microsoft case

The European Commission said it would uphold European Union law through its investigation into the affairs of Microsoft yesterday…

The European Commission said it would uphold European Union law through its investigation into the affairs of Microsoft yesterday, in a reaction to a US court settlement of antitrust suits against the firm.

Commission spokeswoman, Ms Amelia Torres, said the EU investigation into alleged anti-competitive practices by Microsoft, maker of the Windows operating system, was factually and legally different from the US case.

"[EU Competition Commissioner Mario\] Monti has been saying for months that our case is quite different from a factual point of view to the case in the United States. We also have our own rules to uphold," she said.

"We are currently finalising our assessment of this case. I cannot predict as to when the Commission may be coming to a conclusion," she said.

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Ms Torres declined to comment on the substance of Friday's US court ruling, widely regarded as a victory for Microsoft, other than to say the European Union authorities would examine whether it had any significance for their own case.

Microsoft's shares jumped more than 7 per cent in early trading yesterday after a US judge endorsed the company's antitrust settlement with the US government and nine states.

The ruling required Microsoft to share some of its secret software code with competitors, but the court rejected nearly all demands for stronger sanctions.

Ms Torres would not be drawn on statements by Microsoft lawyers suggesting the US outcome should be a template for the conclusion of the EU antitrust case.

The Financial Times quoted the company's chief legal counsel, Mr Brad Smith, as saying Microsoft was not prepared to remove its Media Player video-playing software from its ubiquitous Windows operating system and hoped the EU would not depart from the terms of the US settlement. - (Reuters)