Memo: Antitrust: Commission market tests Microsoft’s proposal to ensure consumer choice of web browsers; welcomes further improvements in field of interoperability

The European Commission will on 9 October 2009 formally invite comments from consumers, software companies, computer manufacturers and other interested parties on an improved proposal by Microsoft to give present and future users of the Windows PC operating system a greater choice of web browsers. The commitments have been offered by Microsoft after the Commission expressed specific concerns that Microsoft may have infringed EC Treaty rules on abuse of a dominant position (Article 82) by tying its web browser (Internet Explorer) to its client PC operating system Windows, and are an improved version of the proposals made by Microsoft in July 2009. The improvements concern greater information to consumers about web browsers, the features of each browser, an improved user experience as well as a review by the Commission to ensure the proposals genuinely work to benefit consumers. Interested parties can submit comments within one month. The Commission welcomes Microsoft’s proposal as it has the potential to give European consumers real choice over how they access and use the internet. Following the market test, the Commission could decide to adopt a decision under Article 9 (1) of Regulation 1/2003, which would make the commitments legally binding on Microsoft. The Commission also welcomed further improvements in the field of interoperability information which Microsoft will publish on its website via a public undertaking.

• Primary Source

ESO: Background information: The European Commission's Microsoft Case http://www.europeansources.info/record/website-the-european-commissions-microsoft-case/

European Commission: SPEECH/09/447: Power transformers cartel busted; Microsoft web browsers case http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/09/447&format=HTML&aged=0&language=EN&guiLanguage=en

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