Brussels, 02/02/2006 (Agence Europe) - On Monday, Microsoft sent a letter to the European Commission reproaching this latter for not respecting its right of defence, by holding back documents it needs to defend itself. A spokesman of the American giant said that European competition authorities were not showing enough fairness and transparency. The Commission, on the other hand, said that the question of access was still being discussed with Microsoft. “It is premature for Microsoft to allege we are riding roughshod over their rights of defence because no definitive decision has yet been reached on their requests,” said Jonathan Todd, spokesman for Commissioner Neelie Kroes. He went on to say that discussions were continuing with Microsoft and that a balance must be reached between the rights of defence and those of third parties. In late December, the Commission decided to send a letter to the American group indicating that it was still not complying with the terms of the Commission's antitrust ruling of 24 March 2004, which had imposed a fine of 497 million euro (see EUROPE 9117, 9096, 8673). In this letter the Commission asked for proof of goodwill by 15 February. It is within the framework of this new injunction that Microsoft feels itself adversely affected.