Jonathan Todd
Jonathan Todd
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The role of the European Commission is to ensure proper application of EU competition rules to benefit consumers and companies in Europe, not for the benefit of one company.
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Professor Barrett is a leading and well-respected computer expert whose name was suggested to the Commission by Microsoft .
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Several companies have expressed their concerns to the Commission concerning Microsoft's Vista operating system.
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We assume Microsoft has its own interest at heart and it wants to launch another product without having to worry about the Commission instituting various actions under antitrust law because of this product.
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It is therefore premature for Microsoft to claim that the Commission has prejudiced their rights of defense.
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It is the commission that decides if Microsoft is in compliance with the ruling, not Microsoft.
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The monitor is an adviser to the European Commission and does not make proposals.
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Our independent trustee, who is advising the Commission and who was suggested to us by Microsoft, Professor Neil Barrett, has told us the document is, to quote, 'totally useless'.
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It is one year since the Court of First Instance confirmed Microsoft had to comply with the March 2004 decision. The Commission regrets Microsoft has failed to do so. We would prefer Microsoft to comply with the March 2004 decision, and not with their interpretation of that decision.
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If the Commission is not satisfied with the Polish authorities' response, it would have the possibility of adopting a formal decision declaring that Poland was in breach of Article 21 of the merger regulations.
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It's not comparable to a seller on the high street where the customer has a choice of supply. It's a company with a dominant market position. The commission has found Microsoft to be abusing that dominant market position by failing to make its technical information available.
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I can confirm the Commission is due to consider sending a letter to Poland warning Poland the Commission considers that they may be in breach of Article 21 of the merger regulations, which gives the Commission exclusive competence over mergers of a European dimension.
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I can confirm that the European Commission has received the complaints and will examine them carefully.
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The Commission would like nothing better than to put outstanding issues with Microsoft behind us.