EC’s Microsoft Investigation

The EC has taken note of Microsoft‘s plan to offer a version of Windows 7 in the EU without Internet Explorer. The Commission said that it would soon determine whether Microsoft’s tying of the two from 1996 to date constituted an abusive of its dominant position.  The U.S. Courts have previously determined that many aspects of Microsoft’s conduct relating to IE violated Section 2 of the Sherman Act, but the DOJ abandoned its tying claim when the DC Circuit remanded it for consideration under hte Rule of Reason.  The EC is also uncertain whether Microsoft’s current proposal to sell an IE-less Windows 7 would create genuine consumer choice and address the anticompetitive effects of Microsoft’s long-standing conduct. The Commission has suggested that it may require Microsoft to offer the consumers browser of choice rather than simply sell a browserless version of Windows.

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