EU to cap Microsoft daily fine: source
Reuters

Mon Jul 10, 2006 9:07am ET7

http://today.reuters.com/news/newsArticle.aspx?type=technologyNews&storyID=2006-07-10T130713Z_01_BRU004784_RTRUKOC_0_US-MICROSOFT-EU.xml


BRUSSELS (Reuters) - The European Commission plans to raise the ceiling of 
future fines on Microsoft to 3 million euros ($3.8 million) a day if the 
company continues to defy an antitrust decision, a diplomatic source said 
on Monday.

He was speaking as European competition regulators met to discuss the 
amount of a fine the European Union's executive arm will impose on the 
software giant for failing to comply with the 2004 decision that it abused 
its dominant market position.

The Commission declined to comment.

This will be the first time the Commission has fined a company for what it 
sees as defying an order to remedy an abuse. The current ceiling for the 
fine is 2 million euros a day.

The penalty, likely to run into hundreds of millions of euros, comes on top 
of a record 497 million euro fine the Commission already imposed in its 
landmark antitrust decision against Microsoft in March 2004.

It signals the Commission's determination to force Microsoft to obey its 
decision as well as a loss of patience after the company has had two years 
to comply and has used every available legal avenue to spin out the process.

The Commission, Europe's top antitrust authority, ruled in 2004 that 
Microsoft shut out rivals by withholding information that would help them 
make server software as compatible as Microsoft's own with its ubiquitous 
Windows operating system.

It demanded that Microsoft provide that information and now says it has not 
done so sufficiently.

A source told Reuters on Friday that the Commission was ready to raise the 
fine if Microsoft remained defiant.

The Commission can set a fine of up to 5 percent of a company's average 
daily turnover in the previous year. Microsoft's turnover in 2005 was $40 
billion, according to its Web site, averaging just under $110 million a day.

The current fine will be backdated to run from December 15 to the date when 
officials from national competition authorities met to endorse the 
Commission's proposal. The date of the meeting, before Monday, has not been 
made public.


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu



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