# CE2004078EN.01073601.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/736 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/736

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(2004/C 78 E/0784)

WRITTEN QUESTION E-2265/03

by Erik Meijer (GUE/NGL) to the Commission

(9 July 2003)

Subject:   Deployment of a fund and provision of misleading information in order to dissuade authorities and other large users from using cheaper software available from a competitor

Subject:

| 1. | Is the Commission aware of the existence of Microsoft's internal e-mails and other documents, including ‘Microsoft Confidential’ of 16 July 2002, referred to by the International Herald Tribune? |
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1.

Is the Commission aware of the existence of Microsoft's internal e-mails and other documents, including ‘Microsoft Confidential’ of 16 July 2002, referred to by the International Herald Tribune?

| 2. | Will the Commission compel Microsoft to make these documents available to it? The documents in question indicate that the company is using a special fund of USD 180 million to persuade authorities and large organisations to use Microsoft software rather than Linux. |
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2.

Will the Commission compel Microsoft to make these documents available to it? The documents in question indicate that the company is using a special fund of USD 180 million to persuade authorities and large organisations to use Microsoft software rather than Linux.

| 3. | When did/will the Commission take a decision on this? |
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3.

When did/will the Commission take a decision on this?

| 4. | Is it possible that the Commission may impose fines for the granting of unjustified discounts, similar to those imposed on such companies as Michelin and British Airways in the past, on account of the information to be obtained in this way or on account of a refusal to provide it? |
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4.

Is it possible that the Commission may impose fines for the granting of unjustified discounts, similar to those imposed on such companies as Michelin and British Airways in the past, on account of the information to be obtained in this way or on account of a refusal to provide it?

| 5. | What other ways of putting a rapid and complete end to such practices within the European market is the Commission considering? |
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5.

What other ways of putting a rapid and complete end to such practices within the European market is the Commission considering?

| 6. | Is Microsoft's use of members of its staff as ostensibly independent consultants or independent business-persons, with the aim of obtaining information from competitors or of acquiring potential customers, acceptable within the EU? Will the Commission inform the company that these practices, which are resorted to in America, are not permissible here? |
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6.

Is Microsoft's use of members of its staff as ostensibly independent consultants or independent business-persons, with the aim of obtaining information from competitors or of acquiring potential customers, acceptable within the EU? Will the Commission inform the company that these practices, which are resorted to in America, are not permissible here?

| 7. | When does the Commission expect that measures already taken or yet to be taken will permanently reverse Microsoft's further progress towards a total monopoly on the European market? |
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7.

When does the Commission expect that measures already taken or yet to be taken will permanently reverse Microsoft's further progress towards a total monopoly on the European market?

Answer given by Mr Monti on behalf of the Commission

(25 August 2003)

(25 August 2003)

| 1. | The Commission is aware of the article referred to by the Honourable Member, and the contents of this article. |
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1.

The Commission is aware of the article referred to by the Honourable Member, and the contents of this article.

| 2. and 3. | The majority of the Commission's resources in this area is currently devoted to the main ongoing investigation against Microsoft, which relates to allegations in the fields of interoperability and tying. Nevertheless, the Commission intends to examine Microsoft's licensing arrangements, including the allegations referred to by the Honourable Member, in greater detail. |
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2. and 3.

The majority of the Commission's resources in this area is currently devoted to the main ongoing investigation against Microsoft, which relates to allegations in the fields of interoperability and tying. Nevertheless, the Commission intends to examine Microsoft's licensing arrangements, including the allegations referred to by the Honourable Member, in greater detail.

| 4. | It is premature to speculate on this question. The Commission confirms that unjustified discounts by a dominant company can constitute an abuse of Article 82 of the EC Treaty. |
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4.

It is premature to speculate on this question. The Commission confirms that unjustified discounts by a dominant company can constitute an abuse of Article 82 of the EC Treaty.

| 5. | As outlined in the answers to questions 2, 3 and 4, the Commission intends to examine Microsoft's licensing arrangements in greater detail. It is therefore premature to consider potential courses of action before the allegations are properly examined. |
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5.

As outlined in the answers to questions 2, 3 and 4, the Commission intends to examine Microsoft's licensing arrangements in greater detail. It is therefore premature to consider potential courses of action before the allegations are properly examined.

| 6. | The Commission has no information that the practices alleged by the Honourable Member are taking place within the Union. |
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6.

The Commission has no information that the practices alleged by the Honourable Member are taking place within the Union.

| 7. | The Commission's analysis of what is a complex and exhaustive file in its ongoing Microsoft investigation is in its latter stages. The Commission intends to ensure that the final outcome of the case is beneficial to innovation and consumers alike. |
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7.

The Commission's analysis of what is a complex and exhaustive file in its ongoing Microsoft investigation is in its latter stages. The Commission intends to ensure that the final outcome of the case is beneficial to innovation and consumers alike.

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