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Changes Microsoft will make to its business practices to comply with the 2004 European Commission antitrust ruling will “profoundly affect the software industry,” according to European competition commissioner Neelie Kroes.
For three and a half years Microsoft dragged its feet and used every legal avenue available to delay complying with the 2004 antitrust ruling. But after its appeal of the ruling to Europe’s second highest court failed last month, the company decided to cooperate.
“At the time the Court of First Instance issued its judgment in September, Microsoft committed to taking any further steps necessary to achieve full compliance with the Commission’s decision. We have undertaken a constructive discussion with the Commission and have now agreed on those additional steps,” Microsoft said in a statement.
Open-source software developers will be given access to the interoperability protocols inside Windows that Microsoft was ordered to reveal. Until recently the software giant had steadfastly refused to allow that. The protocols will be available for a fraction of the license fee Microsoft intended to charge and they will be valid worldwide, the Commission said.
The software giant had taken its appeal all the way to the European Court of First Instance, but it upheld the Commission’s judgement that Microsoft had abused its dominant market position.
The court also upheld the Commission’s record €497m (£343m; $690m) fine against the US company.
“I welcome that Microsoft has finally undertaken concrete steps to ensure full compliance with the 2004 decision,” said Ms Kroes. “It is regrettable that Microsoft has only complied after a considerable delay, two court decisions, and the imposition of daily penalty payments.”
The European Commission said Microsoft will now charge a one-time fee of 10,000 euros to firms that want “complete and accurate” technical information on Windows software.
"But I will not let myself be reduced to silence."
