The European Union's second highest court will today issue its decision on whether antitrust sanctions imposed on Microsoft should be frozen, a court official said today.
Microsoft has asked that penalties imposed by the European Commission be suspended until the software giant's court challenge of the decision is completed years from now.
Court of First Instance President Mr Bo Vesterdorf conducted two days of hearings earlier this year to help him decide whether he should freeze the sanctions.
Whatever he decides may be appealed to the highest EU court, the European Court of Justice. Once those preliminary skirmishes are out of the way - which could take months more if an appeal is taken - the main case will be heard by a three- or five-judge panel of the Court of First Instance.
The European Union executive decided in March that Microsoft used its Windows near-monopoly in the computer operating systems market to hurt competitors, and ordered it make information available to rivals and sell a version of Windows without audio-visual software so that other software suppliers were not pre-empted.
Mr Vesterdorf will issue the suspension of sanctyonly if he decides that Microsoft appears to have a reasonable argument, that the company has an urgent need for the suspension and that its interest are greater than those of the public.
The Commission has argued the sanctions would be rendered meaningless if delayed, because the market would have moved on. The Commission also imposed a €497 million fine on Microsoft.