NetRyder
Tech Junkie
- Joined
- 19 Apr 2002
- Messages
- 13,256
Source: ReutersA European Union court on Wednesday upheld penalties imposed by the EU executive on Microsoft, dismissing the software giant's appeal for a suspension, according to a document obtained by Reuters.
The EU's executive Commission levied sanctions and a record fine on Microsoft in March, finding the U.S. company had abused the virtual monopoly of its computer operating system Windows.
Microsoft Corp. appealed against the decision to the EU's second highest court, the Court of First Instance, and asked it to suspend penalties until the main case finishes years from now.
"Microsoft has not demonstrated specifically that it might suffer serious and irreparable damage," the Court document said.
Either side can appeal Wednesday's decision to the EU's highest court, the European Court of Justice.
The decision against Microsoft was made personally by Court of First Instance President Bo Vesterdorf, who found "that Microsoft has not shown that it might suffer serious and irreparable damage as a result of implementation of the contested decision."
The Commission's sanctions ordered Microsoft to provide a version of Windows without its Media Player multimedia software, and to share data on protocols -- software rules of the road -- with makers of work group servers that are used in offices to access files and run printers.
Microsoft had to show that it had a reasonable case, that it urgently needed relief and that the balance of interests between it and the public weighed in its favor.
In the case of the protocols, Vesterdorf said "a number of questions of principle were raised" but "the requirement relating to urgency is not satisfied."
Vesterdorf also rejected the request that he suspend the requirement to sell a version of Windows without its Windows Media Player audio-visual prodcuct.
The Commission argued that the sanctions would be rendered meaningless if delayed, because the market would have moved on.
Microsoft did not seek to avoid a 497 million euro ($665.4 million) fine, less than the billions of dollars it paid this year to settle antitrust cases with other companies.
The Commission ruled that Microsoft bundled its player with Windows to damage such rivals as RealNetworks Inc.'s RealPlayer and Apple Computer Inc.'s QuickTime.
Microsoft was also ordered to give makers of work-group servers information they needed on protocols so they can make systems compatible with those running on Microsoft software.
Microsoft's main appeal will be heard by a three- or five-judge panel of the lower court that will not include Vesterdorf.
Anyone else find the WMP charge a little one-sided?
What are your thoughts/comments on the issue in general?