Microsoft’s European Inquisition
Sonia Arrison, director of technology studies at the Pacific Research Institute brings some context to the European Commission’s recent fine of $356 million against Microsoft for not complying with the EC demand that it make certain technology information available to its competitors as part of a 2004 antitrust ruling.
Never mind that the deadline for compliance hasn’t passed. European regulators, Arrison notes, just want to warp things up before they go on vacation. No telling how many Eurocrats used Microsoft’s offending products to book their travel. Technology may change, but in Europe, August still means everyone goes on holiday.
But I risk making light of an all-too-serious situation. Microsoft’s current penalty, coming on top of another $630.7 million fine over the bundling of Windows Media Player, represents one of the worst examples of judgment through venue shopping. To be sure, Microsoft has come under fire for using delay tactics and other forms of resistance in the wake of the ruling. The legal ramifications of digging in against an EC ruling have yet to play out, but on some level, you can’t blame Microsoft for its intransigence. The complaint was spearheaded by U.S. competitors in a European jurisdiction. Yes, we operate in a global economy, but that wasn’t the reason behind the choice of the EC. Sun and Novell went to Europe because their complaint has no traction in U.S. antitrust courts.