By Tom Espiner, 5 March 2009 08:30
NEWS
The European Commission has said it will stop actively monitoring Microsoft to check the software maker is complying with a 2004 antitrust ruling.
In 2005, the Commission appointed an independent trustee to assess whether Microsoft was supplying interoperability information for Windows with workgroup servers to software rivals. The Commission told silicon.com sister site ZDNet UK on Wednesday that it will no longer require a full-time monitor, and that it will use "ad hoc assistance" to provide it with advice on any issues arising from the ruling.
"We don't think it's necessary to have a full-time trustee anymore, as there have been changes in Microsoft's behaviour, and third parties can exercise their rights before national courts," said a Commission antitrust spokesman.
While the trustee has been removed, Microsoft still has an obligation to supply complete and accurate interoperability information, the Commission said. However, the agency said it is satisfied that the original set of interoperability information has been documented by Microsoft, and that Microsoft's licence agreements for third parties are sufficient to allow those parties to make cases in national courts, should any disagreements arise.
Microsoft was required to supply interoperability information to competitors following a 2004 ruling by then-competition commissioner Mario Monti. In addition to the workgroup server software interoperability issue addressed by the monitoring, the antitrust decision covered anticompetitive concerns to do with Microsoft's bundling of Windows Media Player with Windows. In its decision, the Commission not only required that the interoperability information be made public, but also called for the unbundling of Windows Media Player and fined Microsoft 497m.
In 2008, the Commission fined Microsoft again, levying 899m for failure to comply with the 2004 decision. The antitrust spokesman said Microsoft has paid the fine but that the money is currently being held in an account pending the outcome of an appeal against the fine by Microsoft.
Other Commission antitrust investigations relating to Microsoft, including one into web-browser market dominance, are still being conducted.
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