Antitrust: Commission market tests Microsoft's proposal to ensure consumer choice of web browsers; welcomes further improvements in field of interoperability

The European Commission will on 9 October 2009 formally invite comments from consumers, software companies, computer manufacturers and other interested parties on an improved proposal by Microsoft to give present and future users of the Windows PC operating system a greater choice of web browsers.

The commitments have been offered by Microsoft after the Commission expressed specific concerns that Microsoft may have infringed EC Treaty rules on abuse of a dominant position (Article 82) by tying its web browser (Internet Explorer) to its client PC operating system Windows, and are an improved version of the proposals made by Microsoft in July 2009 (see MEMO/09/352 ).

The improvements concern greater information to consumers about web browsers, the features of each browser, an improved user experience as well as a review by the Commission to ensure the proposals genuinely work to benefit consumers. Interested parties can submit comments within one month.

The Commission welcomes Microsoft’s proposal as it has the potential to give European consumers real choice over how they access and use the internet. Following the market test, the Commission could decide to adopt a decision under Article 9 (1) of Regulation 1/2003, which would make the commitments legally binding on Microsoft. The Commission also welcomes further improvements in the field of interoperability information which Microsoft will publish on its website via a public undertaking.
---------------------
Pursuant to Article 27 (4) of Regulation 1/2003, a so-called "market test notice" with a summary of the proposed commitments will be published in the EU's Official Journal on 9 October 2009. The full version of the commitments is available on the Commission's website at:

http://ec.europa.eu/competition/antitrust/...79.html#i39_530

Interested parties will be formally invited by the market test notice in the Official Journal to present their comments within one month of the publication in Official Journal.

Under Article 9 of Regulation 1/2003, the Commission may decide to make the commitments legally binding on Microsoft. Such an Article 9 decision would find that there are no longer grounds for action by the Commission, without explicitly concluding on the existence of an infringement of EC antitrust rules.

EUROPA Press Rapid Release
Date: 07/10/2009

EU Commission Announces Market Test of Microsoft Suggestions on Browser Choice, Interoperability - Updated
Wednesday, October 07 2009 @ 11:15 AM EDT - Groklaw

Proposals Improved After Broad Feedback and Commission Consultations

"Since July, the Commission has received extensive feedback on Microsoft’s initial proposals from a wide range of groups including browser competitors, PC manufacturers, and trade and consumer associations. Based on this feedback, Microsoft agreed with the Commission to make approximately 20 substantive changes to our proposals, including changes to:

• Ensure that competing browsers can be downloaded from the ballot screen more quickly and easily.
  
  
• Ensure equivalent placement on the Windows 7 taskbar for Internet Explorer and all other browser icons.
  
  
• Improve the usability of the browser ballot by adding introductory information, improving the design of the ballot page, and adding a feature to enable users to return more easily to it at a later time if they wish.
  
  
• Adjust the placement of the browser choices on the ballot screen so that Internet Explorer is no longer listed first. Instead, the five most popular browsers will be listed in alphabetical order by vendor, followed by the next seven most popular (also alphabetical), so that 12 choices are displayed in total.
  
  
• Adopt suggestions from competitors to strengthen Microsoft’s obligations to publish documentation about the company’s interoperability technology.
  
  
• Address security software vendor feedback by ensuring disclosure of certain programming interfaces accessed by Microsoft’s own security products.

"...Although the European Commission has not made its final decision, today’s news is a major step forward, and we’re hopeful this will help move us towards closure to the past and the building of a new foundation for the future...

A broader critique of the whole issue/situation at Groklaw