EC chief confident of victory over Microsoft

The EU’s competition chief expressed confidence today that his landmark decision against Microsoft would withstand a court challenge due this week, even as his US counterpart renewed criticism of the order.

The US software giant said it would file its promised appeal this week and also ask the European Court of First Instance to suspend the EU’s sanctions, including a record £330m (€492.2) fine.

“We believe we have a strong case to bring to court,” the company said.

At a Brussels conference on trans-Atlantic antitrust policy, EU Competition Commissioner Mario Monti said he was ”pretty comfortable”, describing the Microsoft decision – reached after a five-year probe – as the most solid in EU history.

“We look forward with confidence to the very likely court proceedings,” he said.

Assistant US Attorney General for Antitrust Hewitt Pate warned the EU’s order to Microsoft to offer a version of its Windows minus its digital Media Player could “chill competition and innovation,” ultimately harming consumers.

He also questioned its “administerability,” suggesting it might be hard to enforce.

The EU’s order for Microsoft to put out a stripped-down version of Windows in Europe was due to take effect this month, and the order to share more code with rivals in server software markets 30 days later.

Court president Bo Vesterdorf on his own may tentatively suspend both deadlines at any point once Microsoft’s appeal is filed. A final decision on the suspension would likely follow in a few months.

Microsoft has said it will comply with the order if it fails to win a suspension.

The full appeal is expected to take years, although Microsoft has said it remains willing to explore a settlement – an offer that may become more attractive to the EU if the court suspends implementation of its order.