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EU executive says pressing ahead with Microsoft case
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  • BRUSSELS (AFP) Nov 08, 2004
    The European Union executive said Monday it was pressing ahead with an anti-trust case against Microsoft despite the company settling its differences with two groups that supported the EU action.

    The European Commission said the settlements reached between the software giant and Novell, and with the Computer and Communications Industry Association (CCIA), do "not change any elements of Microsoft's conduct in the market".

    The commission in March slapped a record fine on Microsoft and ordered it to undertake changes to its all-conquering Windows operating system after ruling that it had abused its market dominance in Europe.

    Last month Microsoft launched an appeal against the ruling at the Court of First Instance (CFI) of the EU's Court of Justice.

    Commission spokeswoman Amelia Torres said the company's settlements with the two rival groups "do not alter the necessity for immediate implementation of the remedies in order to restore effective competition in the market".

    "Secondly, we do not see how the interim measures case before the CFI can be affected," she added in a statement.

    "The decisions by Novell and the CCIA to no longer participate in these proceedings do not change the facts before the court."

    Microsoft said earlier Friday that it would pay a settlement of 536 million dollars to Novell to resolve an anti-trust dispute between the companies involving Novell's NetWare operating system.

    Novell agreed to end its claims that Microsoft had harmed NetWare and also to withdraw from participation in the European Commission's case against Microsoft.

    Separately, Microsoft said it had also reached an agreement to settle its differences with the CCIA, a trade group backed by many Microsoft rivals.

    Under the deal, Microsoft will compensate the CCIA for certain legal expenditures and become a member of the group, which undertook in return to withdraw from the EU anti-trust action.

    Torres said it was the CCIA's right not to pursue its complaint given that Microsoft was now signing up to the group.

    "I should stress, however, that anti-trust enforcement by the commission does not hinge upon complaints by individual parties, but is geared towards protecting the consumer's interests," she said.

    "Therefore, the commission is free to examine the facts in the CCIA complaint on its own initiative."

    After Microsoft previously reached settlements with Sun Microsystems and AOL Time Warner, the latest agreements leave only Real Networks supporting the EU case.

    Speaking on a conference call with reporters, Microsoft chief legal counsel Brad Smith declined to say whether the company is in talks with Real Networks.

    But asked if the Novell and CCIA settlements would help Microsoft's legal appeal against the EU ruling, he said: "It can't hurt."

    Pressed on whether Microsoft is still seeking an out-of-court settlement with the commission, Smith said: "It takes two to settle, it only takes one to litigate."




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