The European Commission has adopted a decision that renders legally binding commitments offered by Microsoft to boost competition on the web browser market. The commitments address Commission concerns that Microsoft may have tied its web Internet Explorer browser to the Windows PC OS in breach of EU rules on abuse of a dominant market position. Microsoft commits to enable European users of Windows to choose among different web browsers, as well as allow computer manufacturers and users the possibility to turn Internet Explorer off. Microsoft will make available for five years in the European Economic Area (through the Windows Update mechanism) a "choice screen" enabling users of Windows XP, Windows Vista and Windows 7 to select the web browser(s) they want to install in addition to, or instead of, Internet Explorer. The commitments also provide that computer manufacturers will be able to install competing web browsers, set those as default and turn Internet Explorer off. The Commission's current decision – which does not conclude whether there is an infringement – legally binds Microsoft to the commitments it has offered and ends the EC investigation. If Microsoft breaks its commitments, it risks a fine of up to 10 percent of its total annual turnover. The EC will review the commitments in two years. Microsoft will report regularly to the Commission on the implementation of the commitments, and under certain conditions make adjustments to the Choice Screen upon EC request.
According to Brad Smith, Microsoft's senior VP and general counsel, Microsoft is pleased with the Commission's decision to approve a final resolution of several longstanding competition law issues in Europe. Microsoft says it commits that PC manufacturers and users will continue to be able to install any browser on top of Windows, to make any browser the default browser on new PCs, as well as to turn access to Internet Explorer on or off. Microsoft will send a browser choice screen to Windows users who use Internet Explorer as their default browser. This browser choice screen will include a list of browsers, enabling users to install any one of them. It will be provided both to users of new computers and to the installed base of Windows XP, Windows Vista, and Windows 7 computers in Europe where Internet Explorer is set as the default browser. Secondly, the company will promote interoperability between Microsoft products and non-Microsoft technologies. The measure applies to Microsoft's Windows, Windows Server, Office, Exchange, and SharePoint products. Microsoft plans to ensure that developers throughout the industry, including in the open source community, will have access to technical documentation to assist them in building products that work well with Microsoft products. Microsoft will also support certain industry standards in its products and fully document how these standards are supported. Microsoft will make available legally-binding warranties that will be offered to third parties.
