[ANSOL-geral] Comunicado da Comissão Europeia à imprensa sobre a sentença relativa à Microsoft sobre abuso de posição dominante

Paulo Vilela Paulo.Vilela Sun.COM
Quarta-Feira, 26 de Setembro de 2007 - 18:30:29 WEST

FYI Commissioner Kroes' press statement conc the CFI ruling:

Neelie Kroes
European Commissioner for Competition Policy
Introductory remarks on CFI ruling on Microsoft's abuse of dominant 
market position
Press conference
Brussels, 17^th September 2007
Reference: SPEECH/07/539 Date: 17/09/2007



Neelie Kroes

European Commissioner for Competition Policy

Introductory remarks on CFI ruling on Microsoft's abuse of dominant market position

Press conference
Brussels, 17th September 2007

Ladies and gentlemen

The European Commission welcomes the fact that the Court of First Instance has upheld the most crucial elements of a landmark Commission 
decision to give consumers more choice in software markets and to maintain incentives for all companies in these markets to innovate to 
the benefit of consumers.

That 2004 Decision set an important precedent in terms of the obligations of dominant companies to allow competition, in particularin 
high tech industries. The Decision upheld by the Court is particularly important because so many people use computers, be they individual 
consumers, schools, businesses or governments, and because 95% of the world's personal computers run Microsoft's Windows PC operating system.

The Court has confirmed that Microsoft cannot regulate the market by imposing its products and services on people. The Court has confirmed 
that Microsoft can no longer prevent the market from functioning properly and that computer users are therefore entitled to benefit from 
choice, more innovative products and more competitive prices.

In confirming the interoperability part of the Commission’s decision,the Court has confirmed the importance of *interoperability* for 
consumer choice and innovation in high tech industries. If competitors are unable to make their products "talk to" or work properly with a 
dominant company's products, they are prevented from bringing new innovative products onto the market, and customers are locked into the 
products of the existing provider. Consumers want interoperable products, and companies that want to meet consumers’ demands shouldbe 
able to provide them.

In this case, the Court has confirmed that Microsoft has to make available indispensable interoperability information on reasonable and 
non-discriminatory terms to allow competitors to make workgroup server products that work properly and on an equal footing with Microsoft 
products. Consumers have a right to the increased choice and innovation, and the decreased prices that competition brings. Competition in this 
market requires interoperability.

Companies should not practice interoperability only where they are forced to compete in a particular market, because that increases its 
chances of winning market share. In confirming the bundling part of the Commission’s decision, the Court has again confirmed the importance of 
consumer choice. Microsoft cannot abuse its Windows monopoly to exclude competitors in other markets. Microsoft can improve its products, but 
the Court confirmed that there was no technical benefit to building its media player into its operating system in the way that it did. Consumers 
did not benefit. Consumers only paid the price through reduced choice and less innovation on the market as a whole. This is an important 
precedent, not just for this particular product on this particular market.

The Court ruling is therefore welcome for its confirmation of the Commission’s decision and its underlying policy, but nevertheless, it is 
bitter-sweet. Bitter-sweet because the Court has confirmed the Commission's view that consumers are suffering at the hands of Microsoft.

On the markets concerned by the decision, businesses and individuals are faced with no more choice than they were three years ago when the 
Commission adopted its Decision. Microsoft's market share has grown to 80% for work group servers – up from some 40% when the Commission's 
investigation began. Microsoft's media player format has, as a result of  its conduct, come to dominate the market.

Recent years have certainly seen innovation in high technology markets - but largely in areas that Microsoft does not control.

Having worked in business for many years, I know the pernicious effects that the illegitimate actions of a dominant company can have. For 
start-ups, venture capital dries up as investors look for opportunities elsewhere, out of the grip of the monopolist. For established 
businesses, a lucrative settlement can appear a better option than continued head to head competition.

Today's Court ruling, and developments on the market in the last three years, show that the Commission was right to take its decision, and 
right to take firm action to enforce that decision. Microsoft must now comply fully with its legal obligations, and desist from engaging in 
anti-competitive conduct. The Commission will do its utmost to ensure that Microsoft complies swiftly.

I am sure many of you want to hear what I have to say about that part of the case where the Court did not support the Commission concerning the 
Trustee. I can say little, save that we will need to study the judgement carefully before drawing any conclusions from it. However, I already 
note that the Court has not questioned the legality of an independent trustee nominated by the Commission from a list provided by Microsoftin 
order to provide impartial technical advise on compliance.

Let us remember that the Court today has agreed with the Commission's view that businesses and consumers have been harmed by Microsoft's 
illegal actions on the Windows desktop market. Microsoft has illegally abused its market position. A finding now confirmed by courts both here 
and in the US.

You may hear scare stories about the supposed negative consequences of this ruling for other companies and for innovation on the market. The 
Commission notes that the Court itself has concluded that Microsoft failed to show that the decision would have a significant negative 
effect on its incentives to innovate. Let me be clear - there is one company that will have to change its illegal behaviour as a result of 
this ruling: Microsoft. Other companies will benefit from increased opportunities to compete, to the greater good of consumers.

I have worked at the top of companies, and I have taken part in investment decisions. I know that investment and innovation require a 
stable, fair, and restrained regulatory environment. I remain committed to delivering just that.

The Commission decision made clear that this was in many ways an exceptional case. Super-dominance like Microsoft's is rare. The Court 
has confirmed that. If there are companies who are concerned at the implications of this decision, my door is always open.

So what does this judgement mean for the future?

First, and most importantly, it sends a clear signal that super-dominant companies cannot abuse their position to hurt consumers and dampen 
innovation by excluding competitors in related markets.

In the same vein, the Court ruling confirms the clear principles which govern the conduct of such dominant companies, and which are designedto 
protect the competitive process and hence consumers.

Finally, as regards this specific case, the ruling confirms more than ever that Microsoft must comply with its remedy obligations. I will not 
tolerate continued non-compliance.

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