Microsoft claims European Commission treating it unfairly

Microsoft has written to the European Commission complaining that it is being prevented from accessing documents that will allow it to fully comply with the Commission’s 2004 anti-trust judgement.

Microsoft has written to the European Commission complaining that it is being prevented from accessing documents that will allow it to fully comply with the Commission’s 2004 anti-trust judgement.

Microsoft says the documents relate to how the Commission came to its decision.

The Commission is threatening to fine Microsoft £1.4m a day until Microsoft complies with the ruling.

Microsoft has until 15 February to deliver documentation to the Commission relating to the way its workgroup server protocols work, the last major area of the judgement Microsoft is yet to comply with.

The software giant recently handed over the complete Windows server code to the Commission after previously being accused of providing poor documentation.

The disclosure of the code however did not come with any further documentation, and the Commission has not made a decision yet as to whether the code’s disclosure enable the company to comply.

Shared access to the workgroup server protocols is designed to give Microsoft’s rivals an easier way to develop products that work easily in mixed operating system environments.

In the letter to the Commission, Ian Forrester QC, one of Microsoft's top lawyers, informed the Commission that the earliest the company could fully comply with the ruling would be 28 February.

The 15 February deadline itself was an extension by two weeks, so the Commission will now have to decide whether to give Microsoft more time, or start fining it.

The Commission has already said it has no obligation to release the documents Microsoft is asking for, because it has already granted access to the final reports by its technical experts and an independent monitoring trustee assigned to the case.

These reports are critical of Microsoft's attempts to comply.

Microsoft says the Commission's stance is unfair to the company, and it has a right to know the full facts behind the criticism aimed at it over non-compliance.

The Commission however, says it has not made a final decision on full disclosure.

Read more on Microsoft Windows software

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