Europe reluctant to take new offer of Microsoft Browser
The offer of Microsoft on Thursday to sell a Windows System, without their own browsers in the European Continent, may not be welcome by European regulators. Possibly their earlier mistake to allow a similar offer from Microsoft, had its impact on this reluctance. Microsoft’s antitrust lawyers are frustrated by this decision at Brussels.
Alec Burnside, a competition lawyer at Linklaters in Brussels commented that by the above indication, the European Commission showed that it does not favor Microsoft offering to sell in Europe, Windows without their own browser and would close the case.
The offer of Microsoft is their latest move on the pending case from December 2007 before the commission, initiated by a complaint from a Norwegian browser maker, Opera. But the commission rejected the offer by its statement, saying that the fresh move by Microsoft would not in anyway help the cause of promoting browsers that are competing with Internet Explorer.
On the other hand, both the European authorities and Microsoft may embark on another round of legal battle on the question of Microsoft, which is used in over 95 percent computers world-wide according Gartner research firm, in comprising major applications inside Microsoft Windows.
The European Commission in 2004 ordered Microsoft to sell one version of Windows in Europe, which did not contain media player. A commission spokesman and competition lawyers in Brussels attributed it as one of the reasons for the latest rejection, not to commit the same mistake in the first Microsoft case again.
At that time Microsoft responded by it’s selling the “N” version of Windows, priced at the same amount as of its full version. But the stripped-down system was rejected by the consumers then, and it did not help media players competing with Microsoft significantly either. Microsoft admitted that it could sell only a few thousand copies of the so-called “N” version.
The indications show this time that the European Commission may require Microsoft to distribute Windows system with competing Web browsers preinstalled therein. This will enable computer makers and retailers to make a decision from a “ballot screen” menu, as to which browsers they want to install. Nearly 95 percent of operating systems of computers are preinstalled in new computers and sold.
Jonathan Todd, spokesman for the commission, commented that the focus of the commission in this case is, the consumers should have the liberty to choose from a variety of browsers and the remedy offered by Microsoft with its “N” version software did not work. He also recalled that the commission should have earlier required Microsoft not to sell only a Windows version without media player in Europe and should not have allowed the sale of the full version parallel to it.
.Microsoft is planning to sell in Europe, a browserless Windows 7 “E” version, which is the latest operating system from the manufacturer and is scheduled to be introduced on October 22 worldwide. Dave Heiner, Deputy General Counsel for Microsoft in the company’s blog disclosed this offer and wrote that the above offer would mean, users and computer manufacturers will be at liberty to install Internet Explorer on Windows 7 version or not, according to their choice.
A competition lawyer at Ashurst in Brussels, Denis Walbroeck, is of the opinion that the above rejection by the commission showed that the dispute with Microsoft would not be settled quickly. The commission’s behavior is un-understandable, he said, and would mean that the commission is heading towards a big decision of a fine and also a lengthy appeal is ensuing.
Microsoft’s biggest opponents – Google, Sun Microsystems, Nokia and others – have signed on to the case, when the complaint was filed initially, as adversaries.
Microsoft has cancelled the scheduled hearing in early June under the pretext that many European antitrust officials could not attend the hearing as observers, since they are preoccupied with a competing conference in Switzerland.
Although there is no time schedule for the commission to pass its ruling on the Microsoft browser case, history is it has publicized its crucial decisions, imposition of fines and sanctions before the summer break, which will be in later part of July.
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Microsoft should think behind that. Why Europe is reluctant Microsoft browser. Maybe the security element will make un happy on it. Too secured make user unhappy.