Brussels, 27/06/2006 (Agence Europe) - Microsoft will soon know what the European Commission's decision is with regard to its request for an answer to be found on inter-operability, the subject of a battle between the two parties for over six months. Last December (EUROPE 9096), the Commission sent the US firm a list of complaints regarding its failure to comply with its obligations for providing comprehensive and explanatory information. During a public hearing in March, Microsoft contested the conclusions from the independent watchdog on which the Commission is basing its findings, and affirmed that it had acted in good faith. According to information released in the press, the draft Commission decision, which still has to be sent to the national competition authorities at the beginning of July is planning to impose a fine on Microsoft. On Tuesday the spokesperson for the Commissioner for Competition, Neelie Kroes, simply pointed out that the Commission did indeed intend to take a decision on this matter “before the end of July”. In its Tuesday edition, the Financial Times mentioned the 12 July.
The company from Redmond is still obliged to implement the different rectifications imposed on it by the Commission, notably that of ensuring interoperability between Windows systems and products developed by competitors. Microsoft's appeal against the 24 March 2004 decision (EUROPE 8673) was examined by the Court of First Instance at the end of April (EUROPE 9183) but is not suspensive. On this chapter in the affair, the firm could therefore be liable to daily fines of up to €2 million. There fines could be backdated to 15 December 2005, the date initially set by the Commission for providing suitable technical documentation.