To: gamesmistress who wrote (26565 ) 1/27/2004 12:26:33 PM From: LindyBill Read Replies (1) | Respond to of 793843 The EU is making a grab for some MS money. Brussels wants Microsoft deal By Daniel Dombey in Brussels Published: January 25 2004 21:59 Financial Times Europe's antitrust authorities want to pass sentence on Microsoft for alleged antitrust activities before May 1, when 10 countries join the European Union. People close to the case say it will make ratifying any decision simpler than with 10 extra commissioners who may be more favourable to the US. This means time is fast running out to settle the long-running battle between Brussels and the software company. Mario Monti, Europe's competition Commissioner, and Brad Smith, Microsoft's chief legal counsel, attended the World Economic Forum in Davos last week. Microsoft said they did not meet. The Commission also recently held an internal review of its case, in a further sign that the process may be nearing its end. For more than three years, Brussels has urged Microsoft to pay a fine and share information to allow more competition in the market for servers running corporate networks. In the most novel part of the case it has demanded the group strip out Media Player from its Windows operating system or include rival programs. Microsoft denies abusing its virtual monopoly over personal computer operating systems and says many of the Commission's "solutions" are unfeasible or violate its intellectual property. The company still holds out hope of a settlement and has managed to reach deals with antitrust authorities against a tight deadline, most notably in the US. The Commission has trodden carefully because it knows any negative decision is likely to be challenged at the EU's Court of First Instance in Luxembourg. But acting before May 1 could simplify Mr Monti's task, since it would need approval from the 20-strong college of Commissioners, and not involve 10 new Commissioners from the EU's new member states in central, eastern and southern Europe. The new Commissioners are an unknown quantity. They come from countries typically more eager to co-operate with Washington than "old Europe" states, such as France and Germany. The US justice department recently voiced misgivings about the effect of its own settlement with Microsoft - heartening Commission officials - but there is still a risk that the case could inflame US-EU tensions. Similarly, a Commission decision by April would need to be referred only to the current 15 members rather than the 25 states in the EU as of May. Member states merely advise on EU competition decisions and fines. But significant dissent from national authorities could increase the pressure on Mr Monti in such a sensitive case.