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"The Court criticises, in particular, the obligation imposed on Microsoft to allow the monitoring trustee, independently of the Commission, access to its information, documents, premises and employees and also to the source code of its relevant products," it said. Microsoft has now been ordered to pay 80% of the Commission's legal costs, while the Commission has to carry a specific part of Microsoft's costs. The Commission welcomed the verdict. It will give its competition commissioner Neelie Kroes a much needed boost, after her office lost several high-profile anti-trust cases. Ms Kroes described the victory as "bittersweet", saying that software customers still have no more choice than they did three years ago.
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What's really new here? Not much. Microsoft has been accused--not just in Europe--of bludgeoning its way to the top of the software universe by using proprietary code and savvy marketing tie-ins to head off not just other operating systems but also add-on software products that could compete with Microsoft's own versions. Its allegedly anticompetitive bundling of Internet Explorer into Windows, for example, was a major focus of the EC's antitrust complaint and, indeed, Microsoft dutifully complied with Europe's unbundling order. The result is the marketing of a Euro-special version of Windows, sans browser, that no one in the world actually wants to purchase. Why should they? While it certainly helps Microsoft to have IE as a built-in default browser pre-installed on personal computers--on the theory that lazy users won't look any further for their browser needs--nothing stops those users from installing another browser if they wish. The inclusion of Internet Explorer is a cost benefit for consumers.
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Brussels had warned Microsoft in December that it would face fines of 2m euros a day if the firm failed to meet the commission's demands.Under the 2004 ruling, Microsoft was told to provide rival firms with more information about its software, in order to enable them to write programs that could run more smoothly on Microsoft's widely-used Windows operating system.
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The vote is (unofficially, and off the record) in. Regulators from the European Union's 25 member countries have, according to reports, unanimously found Microsoft guilty of non-compliance with the commission's landmark 2004 anti-trust ruling. The way is now clear for Microsoft to start paying a $2.51m a day fine backdated to December 15 for failing to meet the terms of the commission's ruling.