Microsoft is preparing for a three-day, face-to-face
meeting with European competition regulators and some of its
rivals, as the five-year long antitrust case against the software
giant nears its conclusion.
Microsoft will face rivals including RealNetworks, Sun
Microsystems and its old trade association foe the Computer and
Communications Industry Association (CCIA), as well as regulators
from the 15 European Union member states and European Commission
officials.
The company hinted that it still hopes to settle with the
European Commission before the regulator issues its verdict early
next year.
"Microsoft remains committed to finding a constructive
resolution to the case that addresses any concerns of the
commission while preserving the company's ability to innovate and
to improve its products to meet consumer needs," it said.
But rivals doubted that the software firm would offer anything
that would meet the commission's and their concerns.
"Will it make motions to settle? Yes. Will it really try to
address the antitrust concerns? No. The chances of there being a
meeting of minds is very low," said one rival.
"The same old arguments will be rehashed. Microsoft will
probably put on a splashy Hollywood-style show, but I doubt the
hearing will change much in factual terms. It may have a
psychological effect on the regulators, that's all," said
another.
Microsoft will take the stand first at the hearing, followed by
sympathetic voices from the industry.
Microsoft will explain why it has not broken antitrust laws,
according to a source familiar with the hearing agenda.
Then regulators will cross-examine the firm's representatives,
which will include Horatio Guttierez, Microsoft's senior counsel
for Europe, the Middle East and Africa.
The commission said in August that unless there is a settlement
it will rule that Microsoft has abused the dominant position of its
Windows operating system software to muscle out competitors in two
separate software markets: audio and video playing software and
computer server software designed for small PC networks.
The commission said that by bundling Media Player into its
Windows products, Microsoft put rival media players such as
RealNetworks' RealOne Player and Apple Computer's Quicktime at a
disadvantage.
The commission said it will either force Microsoft to unbundle
Media Player, or it will force the firm to bundle one rival package
in addition to Media Player.
By withholding crucial information about Windows code, the
commission said Microsoft has prevented rival makers of low-end
server software from being able to interoperate with Windows.
The commission said it would demand that the firm grant rival
server software makers, such as Sun, access to the information that
would allow their products to work as effectively with Windows as
Microsoft's own server software.
Paul Meller writes for IDG News Service