Microsoft Appeals 2008 EU Fine

Posted by at 8:14 am on May 24, 2011

While MS took a long time to do it, Microsoft has made good on its promise to appeal a $1.3 billion fine imposed by the European Commission back in February of 2008. The fine was a result of Microsoft not complying with the regulating body’s order from 2004 to provide information that would let other products work on computers running Microsoft software. Microsoft on Tuesday told an EU court the antitrust fine was excessive.

“This case would not have arisen if the Commission had been as explicit with respect to rates which it wanted Microsoft to charge as it had been with all other terms of licensing proposed by Microsoft,” said Microsoft lawyer Jean Francois Bellis in General Court, the second-highest in Europe. He called the fine most undeserved.

The Commission, in turn, said Microsoft’s actions after a 2007 court ruling showed that it was able to identify the measures needed to comply with its order within a short time. The General Court usually gives its verdict between six months to just over a year after a hearing and appeals can be made with the EU Court of Justice on points of law only.

Companies with a great interest in the outcome of the appeal include Intel, which itself has appealed a 1.06 billion euro penalty imposed by the Commission.

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