Microsoft has accused the European Commission of colluding with its rivals in its response to Microsoft’s efforts to comply with the Commission’s 2004 anti-trust judgement.
The Commission believes Microsoft has still not provided adequate documentation for the workgroup server protocols that was demanded under the judgement.
This documentation is seen as essential if Microsoft’s rivals are able to more easily build rival server systems that can work in a Windows environment.
But Microsoft, in its response to the Commission’s statement of objections over the way Microsoft has failed to comply with the judgement, claims the Commission wrongly worked with its rivals and failed to act as an independent regulator.
Microsoft claims the commission encouraged "secret contacts" between its rivals and the independent trustee appointed to monitor Microsoft’s compliance with the judgement.
These alleged contacts violated "fundamental principles of due process" and represented "direct violations of procedural safeguards aimed at ensuring transparency of the monitoring process," claims Microsoft.
The Commission has not commented directly on the accusations made by Microsoft but has said its statement of objections was supported by the independent trustee, who was chosen from a list by Microsoft.
Microsoft’s claims will be officially heard at a hearing on 30 and 31 March. If it is found that Microsoft has still not complied with the anti-trust judgement, the company faces a daily fine of £1.4m after the hearing.