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Microsoft Faces Fine, Penalties in Europe
Posted by: bpburnwal on Mar 20, 2004 - 02:02 PM
Microsoft 
BRUSSELS -- Microsoft's last-ditch effort to settle a long-running European antitrust case fell apart Thursday.
Next week, regulators almost certainly will move to restrict the company's business practices and levy a hefty fine.

Steve Ballmer, Microsoft's chief executive, left Brussels after 2 1/2 days of meetings with Mario Monti, the head of the European Union's antitrust division.

Talks broke down over disagreements about Microsoft's ''commitments for future conduct,'' Monti said.

Monti contends Microsoft has taken unfair advantage of the fact that its Windows operating system runs 94% of the world's PCs.

He is seeking to restrict how Microsoft can compete in the growing market for media players, needed to play back videos and music, and for computer servers, used to build corporate networks.

Monti now may seek an order requiring Microsoft to supply two versions of Windows to PC makers -- one bundled with Windows Media Player, the other without.

He has also said Microsoft may choose, instead, to carry a rival media player, probably from RealNetworks, in all copies of Windows. If it did, Microsoft could continue to bundle Windows Media Player with Windows.

Monti is also expected to order Microsoft to divulge certain technical information to Sun Microsystems, IBM and others. The idea is to allow competitors to design server software that works well with Windows PCs.

With $52 billion in cash, Microsoft can easily afford the $200 million fine Monti is expected to recommend. But the software maker is keen to avoid restrictions on its business practices.

Monti over the past two months has methodically won support for his proposed penalties from senior European Union officials and from technology experts in each of the 15 member nations.

''Monti appears to have had a better hearing from the member countries than even he expected,'' says RedMonk analyst James Governor.

On Monday, Ballmer canceled a speech at a big customer conference in Las Vegas to fly to Europe. ''I don't think Steve Ballmer would go to Brussels unless Monti has a bomb he's going to drop that really hurts Microsoft,'' Governor says.

Microsoft officials say they offered in talks to make all provisions of a settlement effective worldwide.

By contrast, company officials have indicated they would view terms of any judgment against them as valid only in Europe. Microsoft has also said it will appeal any judgment.

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