The commitment to offer a choice of browser was made legally binding on Microsoft until 2014, after it was found to be abusing its dominant market position by making Internet Explorer the default browser with Windows. The latest fine applies to the lack of browser choice with Windows 7 Service Pack 1 from May 2011 until July 2012, the result of which was that 15 million Windows users in the EU did not see the required choice screen, the EC said.
This is the first time that the commission has fined a company for non-compliance with a commitments decision. In the calculation of the fine the EC said it took into account the gravity and duration of the infringement, the need to ensure a deterrent effect of the fine and, as a mitigating circumstance, the fact that Microsoft has cooperated with the commission's investigation.
Microsoft issued an apology and said it takes "full responsibility for the technical error". The company said it has taken steps to strengthen software development and other processes to avoid such mistakes in future.
The EU investigation was launched after rivals of Microsoft spotted the company's mistake. It was Google and Opera Software that flagged the lack of browser choice to the EC, people familiar with the matter told the Financial Times.
