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Antitrust me: Microsoft to be monitored by EC "trustee"

Eye on compliance...

Tags: commission, anti-trust, monopoly, ec

By Colin Barker

Published: 5 October 2005 14:35 GMT

The battle between the European Commission and Microsoft entered a new phase on Wednesday with the appointment of professor Neil Barrett as a Commission "trustee" charged with ensuring that Microsoft complies with the remedies imposed after it lost its antitrust case with the EU last year.

Barrett, a UK computer scientist, security expert and silicon.com columnist, has been appointed by the EC as a "Monitoring Trustee" with responsibility for "ensuring that Microsoft complies in full" with the 2004 antitrust ruling. He is also expected to provide "impartial expert advice to the Commission on compliance issues".

Barrett's appointment was announced on the same day that Steve Ballmer, Microsoft's chief executive office, entered talks with the Competition Commissioner, Neelie Kroes - one of this year's silicon.com Agenda Setters.

The EC took the unusual step of releasing a statement that it would not be releasing a statement about the meeting between Kroes and Ballmer, saying only that it was taking place under the "normal course of relationships" between Microsoft and the Commission.

The EC ruled in March 2004 that Microsoft had abused its near monopoly in PC operating systems by leveraging it onto the markets for work group server operating systems and for media playing software. The Commission imposed a fine of €497m (£337m) on Microsoft and required the company to implement a series of remedies. This includes the opening up of the communication protocols for Windows so non-Microsoft work group servers can achieve full interoperability with Windows PCs and servers.

The Commission admits Barrett has a complex job ahead of him, particularly with regard to the interoperability licence - where Microsoft was recently accused of offering "pointless" concessions.

According to the Commission, Barrett's expertise "might be used in assessing whether Microsoft's protocol disclosures are complete and accurate, and whether the terms under which Microsoft makes the protocol specifications available are reasonable and non-discriminatory".

Barrett could not immediately be contacted for comment.

Colin Barker writes for ZDNet UK

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