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Microsoft Denied Deadline Extension in Anti-trust Case

In a 2004 anti-trust decision and independent European Commission declared that Microsoft had violated Anti-trust laws by preventing competitors from developing software and servers that were compatible with Windows operating system and Microsoft programs by withholding information that would allow competitors to do as such. Under the decision, Microsoft was fined $497 million euros (U.S. $595 million) and ordered to provide workable instructions, according to Reuters.

The former Microsoft complied with, but the latter is quite a different story. Irritated by Microsoft�s failed full compliance as of November 2005, the Commission set a December 15, 2005 deadline by which Microsoft must have provided said instructions before being fined $2 million euros (U.S. $2.4 million) daily. Fortunately for Microsoft, they managed to extend that deadline by 2 months, landing on February 15th and one week from today. But today Microsoft lost a bid to extend the deadline once more, meaning the February deadline still stands.

"We have confirmed the deadline of February 15 on the basis that nearly eight weeks should be sufficient for Microsoft to reply to a comparatively short statement of objections," stated Commission spokesman Jonathan Todd.

In its defense, Microsoft argued flawed correspondence between the Commission, a trustee elected by the Commission from Microsoft, and other experts for the delay. Additionally, Microsoft argued that the said trustee, from whose findings the Commission denied the extension, cannot be considered independent if they are on the Commission�s payroll.

"The Commission cannot simultaneously claim that a trustee is its own expert, with whom all exchanges are 'internal', and that he is an independent source of authority," wrote Microsoft lawyer Ian Forrester.

In reply, the Jonathon Todd argued that Microsoft should have contested this when the trustee was elected, saying, �They [Microsoft] should have challenged the decision nominating him, which outlined the terms and conditions of his relationship with the Commission. If they were to consider the trustee's conclusions to be wrong, they are in any case in a position to prove them wrong. They don't need to know whether, for example, he was influenced in some way by the Commission."

Looks like the European Commission might start seeing $2 million euros a day if Microsoft keeps procrastinating. It�s unknown if the $2.4 million dollars a day will hurt Microsoft�s game development and publishing resources, as Mr. Gates� $40 billion is hard to make a dent in, but still, losing $2.4 million dollars on its own would bankrupt some companies. Keep vigilant to see if Microsoft will make the February 15th deadline.

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