22 May 2009 | Author: O. Gaywood Media Optimiser

Microsoft's antitrust hearing cancelled

Opera's complaint against Microsoft - that bundling Internet Explorer free with Windows on almost every computer in the world stifles competition unfairly - will now be decided by a commission judging written material, rather than the intended antitrust hearing.

Initially scheduled to start on June 3, the hearing was to clash with a global antitrust conference in Zurich which would be the preferred destination for many of the regulators of the hearing. Microsoft was denied when it tried to get its hearing moved to accommodate these observers and advisers.

As a result the hearing has been cancelled and the commission will instead reach its decision based purely on written statements from Microsoft and its adversaries.

Five years ago the commission ruled that Microsoft's package bundling was unfair. Microsoft has spent more than $1billion in fines and penalties fighting the inquiry.

The hearing would have been attended by Neelie Kroes - the competition commissioner for the European Union - whose future in the position depends on the outcome of the European elections to be held between June 4 - 7. Any delay, as requested by Microsoft, to the hearing would therefore have meant Mrs Kroes may not have been in attendance.

Many are speculating that this could have worked in Microsoft's favour as one of Mrs Kroes' first roles in her position was to oversee the 2004 fining of Microsoft.

Although Mrs Kroes' position regarding Microsoft is by no means clear cut - as chairperson of Nijenrode University, near the Dutch city of Groningen, she gave an honourary doctorate to Microsoft founder Bill Gates.

Last week the commission fined Intel a record $1.45billion for offering rebates to computer makers and retailers as a reward for exclusive sales and distribution agreements.

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