That would be bad enough, but on top of that, Microsoft will, for the first time, be taking on a huge amount of debt to help pay for Yahoo if the acquisition goes through. So as well as a hugely-stressed and possibly warring management structure, Microsoft will also have to cope with interest payments on its debt, which will need to be funded out of earnings. In addition, those earnings have to rise pretty steeply to justify the whole Yahoo adventure, or shareholders will start to express their dissatisfaction.
Against this background, the last thing Microsoft needs is fines. Remember that we are not in fact talking about “just” €899 million here: as the EU commissioner Neelie Kroes noted during the press conference announcing the latest fine, the cumulative amount that Microsoft must pay the EU is €1.6767 billion. The fact of the matter is that if the Yahoo deal goes through, Microsoft will be strapped for cash, and paying out over one and half billion euros for “nothing” will hurt.
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Whatever happens with OOXML and the Danish complaint, the key gain for openness has already been achieved. Unable to regard fines from the EU with indifference or even contempt, Microsoft will have to start really playing by the rules. Finally.
Can Ballmer steer Microsoft out of the roadblocks?
The highly competitive Ballmer, you might say, is the man who cried "nice." And like the boy who cried wolf, no one believed him. The software giant's attempt to make nice with much of the developer community by opening up its APIs for key products was greeted with a jaundiced eye by regulators at the powerful European Commission.
However sincere Microsoft's stated change of heart may be, it is becoming clearer and clearer that Microsoft -- which knows it has to change -- is still struggling to find a fresher path.
What's a poor CEO to do?
Now that Bill Gates has effectively left the building, Ballmer is free to transform Microsoft, a job made all the tougher by the enormous reservoir of mistrust the company has engendered over the years.