Brussels, 31/03/2006 (Agence Europe) - With Microsoft taking two days to outline its arguments against the Commission and its competitors, the mission of the United States to the EU has made its opinion heard, by writing to Commissioner Neelie Kroes, calling on her to ensure that the case is given equal treatment (see EUROPE 9164). Microsoft has argued on several occasions that the Commission has failed to respect its right to reply, particularly by denying it access to certain items of the dossier (EUROPE 9123). The company then called into question the partiality of the independent party tasked with monitoring the application of the interoperability remedy, Neil Barrett, who, they feel, has too many and too close contacts with their competitors (EUROPE 9149). This cascade of recriminations has gradually raised the tone of exchanges between both parties, and increased the number of press announcements, even going on to lend increasingly political overtones to the affair. On Monday, the American mission to the EU sent an informal letter to the cabinet of the Commissioner in charge of Competition, Neelie Kroes's spokesperson confirmed to the press on Friday (it was also stated that Ms Kroes received the a visit from an American diplomat on Tuesday). The American authorities warn that if Microsoft's allegations are confirmed, this may have serious repercussions on the other side of the Atlantic. "Our cooperation with the American competition authorities is excellent", said the spokesperson, declining to say any more on the subject.
On the substance of the case, Microsoft has always tried to convince its opponents that it is fully observing the conditions imposed upon it in March 2004 (EUROPE 8673), thus avoiding further sanctions from the European Commission. In line with its statement of objections, which was sent at the end of 2005 (EUROPE 9133), the Commission could impose financial penalties (up to 2 million EUR a day retroactively to 15 December 2005) as it claims that Microsoft has still not divulged precise and appropriate information on interoperability. This will depend on the outcomes of the hearings on Thursday and Friday, but the decision is not likely to be taken for several weeks, Neelie Kroes's spokesperson announced on Thursday (EUROPE 9164). In a press release published on its website on Thursday, Microsoft explains that six IT companies (including EMC Corporation, StarBak Communications and TANDBERG Television Ltd) use its technical documentation successfully in the United States, under conditions close to those proposed in Europe. This, Microsoft argues, proves that it is indeed providing complete and precise information as required by the Commission, the press release states, as 46 of the 55 protocols available under the European licensing programme are also available under the American programme. The implementation of a system to issue licences should allow IT developers to create products which are able to inter-operate with Windows, thus fulfilling one of the Commission's conditions. If certain companies find Microsoft's information useful, "good for them, but there are many companies telling us that the information provided by Microsoft does not correspond", the spokesperson in charge of competition pointed out on Thursday.