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Skriven 2006-07-11 17:06:10 av /m (1:379/45)
Ärende: Playing hardball with Microsoft 'gets results'
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From: /m <mike@barkto.com>


http://news.zdnet.co.uk/0,39020330,39278431,00.htm

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The US justice department has admitted it can learn a few things from Europe's
antitrust case


The European Commission is expected to fine Microsoft on Wednesday as part of a
hard-line approach towards getting the software giant to comply with antitrust
sanctions that appears to be bearing fruit.

The extent of Microsoft's newfound co-operation in the face of a penalty that
is likely to reach hundreds of millions of euros is impressing even Americans,
until now highly critical of Brussels' approach.

US Justice Department lawyer Renata Hesse conceded in May that the American
approach — which has not relied on coercion — had failed to accomplish as much
in five years, more than twice the time since Europe in 2004 ruled the firm was
exploiting a near-monopoly.

"They're obviously further along at this point than we are," Hesse told a US
court in reference to the European method.

For the European Union executive, the policy is quite clear.

"If people are not... conforming (with) our regulations, our rules, then it
needs to be corrected," EU Competition Commissioner Neelie Kroes said late last
week. She said she could not imagine that Microsoft would avoid a fine when the
Commission met this week.

The European Commission will reveal on Wednesday the size of its fine. It will
be set at up to  2m ($2.6m) a day, backdated to 15 December, 2005, and
extending to some time before Wednesday. The fine's dimensions are expected to
be endorsed in a closed meeting of the 25 EU countries on Monday.

Brussels' tough new penalty is on top of  497m in fines the Commission already
imposed in its landmark antitrust decision against Microsoft in March 2004.

After years of investigation, the Commission found that Microsoft used
near-monopoly power from its Windows operating system to harm competitors
making "work group servers," which run printing and sign-on services in
offices.

The Commission ordered Microsoft to give rivals the information needed so their
work group servers could compete on a level playing field with Microsoft's own.
Microsoft must help its rivals interconnect smoothly with Windows.

Microsoft was supposed to have the information ready for competitors by June
2004. The company tried to have the sanctions suspended until it could complete
a court challenge to the 2004 decision, but late that year a judge said no.

In the Commission's view, Microsoft moved too slowly. Finally it threatened the
software giant with daily fines in December 2005, and within months Microsoft
agreed on a plan.

A Microsoft spokesman rejected the idea that the company had dragged its feet.

"Microsoft has done everything that the Commission has ever asked of it," he
said.

With the Brussels fine hanging over its head, Microsoft and the Commission's
"monitoring trustee" agreed in April on a schedule for the documentation needed
for work group servers. Microsoft said it had not understood until then what
the Commission wanted.

Suddenly, things were moving faster than in the US.

"The monitoring trustee and Microsoft have, for example, agreed on a
specification for the documentation in Europe, and our technical folks and
Microsoft are just now doing that," the Justice Department's Hesse told a US
judge in May.

A US judge found in 2000 that Microsoft had broken the law and imposed
sanctions, including a break-up of the company. An appeals court threw out that
remedy but left the most serious legal violations intact.

Once President Bush took over, his Justice Department reached a settlement with
Microsoft that former Clinton Justice Department officials believed would be
ineffective.

By May of this year the American process was so troubled that Microsoft and the
court started over again in a so-called "reset," taking a cue from what US
District Judge Colleen Kollar-Kotelly called "the European Commission's
direction".

Microsoft says it never delayed carrying out Commission sanctions and first
offered a proposed draft for interconnection software and documentation in
2004.

But the Commission's monitoring trustee found Microsoft's approach
"fundamentally flawed".

The Microsoft project to comply with the Brussels sanctions has a colourful,
place-based name typical of those used by the software giant: Project Circle
Line, named after the London underground train line.

The company says it involves the intense efforts of 300 people and the last
stage, known as Paddington — one of the stops on the London Circle Line — will
be finished on 18 July.

If Microsoft's work meets Commission standards there may be no more fines.
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"A Microsoft spokesman rejected the idea that the company had dragged its feet.
  'Microsoft has done everything that the Commission has ever
asked of it,' he said."




It appears Microsoft still has some learning to do regarding what compliance
means and what stonewalling means....



 /m

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