Microsoft Resubmits Technical Documents to the EU

Microsoft edited 100 documents, totaling 8,500 pages, the company said in a statement. The revisions are to documents previously submitted in July. The next process is outside review and comment.

"Potential licensees can now review the technical documentation...to evaluate whether it contains the necessary information to allow the development of interoperable work group server operating system products," the European Union's Competition Commission said in a statement. Those comments, in tandem with recommendations from the Commission's monitoring trustee, would impact decision on "whether or not Microsoft is in compliance."

In October 2005, the European Commission appointed criminologist Neil Barrett as monitoring trustee. Microsoft had suggested Barrett, who holds a Ph.D. in mathematics and computer science from Nottingham University.

In a March 2004 ruling, the European Union found that Microsoft had engaged in anticompetitive practices. The EU slapped Microsoft with a $613 million fine and another $357 million fine in June 2006--the latter for non-compliance with the protocol licensing mandated by the ruling.

The submission comes as Microsoft competitors lobby the European Union, particularly about Windows Vista. In recent months, Adobe, Google, McAfee and Symantec have approached the EU's Competition Commission with anticompetitive complaints. Adobe is considering a separate lawsuit should these efforts or Microsoft's response about Windows Vista fail to satisfy the company.

Today's legal filing, about protocol licensing, only indirectly affects Windows Vista. In its 2004 adverse antitrust ruling, the European Union found that Microsoft unfairly used its dominance on the desktop to gain advantage in the server software market. The period of public comment is opportunity for competitors to voice additional concerns about Microsoft's antitrust compliance.

In a statement, Microsoft described today's submission as an "important milestone." Further: "We are pleased that the Commission has recognized our efforts to comply with our documentation obligations, and we will continue to work closely with the Commission and the Trustee to ensure that we are in full compliance with every aspect of the Commission's decision."

The Competition Commission did not embrace Microsoft's characterization. In its statement, the agency said that it "can confirm that Microsoft has submitted a revised version of the technical documentation." Additionally, the agency noted that following a court ruling against staying--or delaying--the antitrust penalties, "Microsoft subsequently committed to and missed a number of deadlines for delivering complete and accurate specifications."

While Microsoft's revised submission plays out in the "European drama," the stage is set for yet another act. Microsoft has appealed the March 2004 ruling to the EU's Court of First Instance in Luxembourg. During Microsoft's annual shareholder's meeting last week, General Counsel Brad Smith said that "we expect to get that decision really in the next several months; most people think it'll probably come sometime between December and March or April."