Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Part XI: Close Encounters With the Trust-busters…

Previous parts:



Microsoft antitrust



Summary: A look some of the confrontations between Microsoft and anti-trust regulators

Microsoft's run-ins with European data protection authorities are only half the story.



Over the last three decades, the company has also been scrutinised by anti-trust authorities around the world, including the following:

● US Federal Trade Commission / Department of Justice (1994) ● Brazilian Board of the Administrative Council for Economic Defense (1998) ● European Commission (2004) ● Japanese Fair Trade Commission (2004) ● South Korean Fair Trade Commission (2005)

The most high-profile of these investigations were those conducted by the US Department of Justice (DoJ) and the European Commission.

In the US the Microsoft anti-trust case started rolling after an inquiry by the Federal Trade Commission in 1991 as to whether Microsoft’s conduct constituted an abuse of monopoly on the PC operating system market. The investigation was closed after the voting in the Commission ended in a tie.

However, the US DoJ opened its own investigation in the same year. This resulted in a settlement on 15 July 1994, in which Microsoft agreed not to tie other products to the Windows operating system. Microsoft still remained free to provide "features" alongside the operating system.

"The most high-profile of these investigations were those conducted by the US Department of Justice (DoJ) and the European Commission."The real action started when the DoJ and the Attorney Generals of twenty states sued Microsoft in 1998 for unreasonably restraining competition by expanding and abusing its monopoly position and for breaching the 1994 settlement, by tying its web browser, Internet Explorer, to the Windows operating system.

On April 3, 2000 Judge Jackson of the U.S. District Court for the District of Columbia issued a ruling that stated that Microsoft had violated sections 1 and 2 of the Sherman Act. Judge Jackson ordered the break-up of Microsoft into two separate units, one to produce the Internet/WWW browser and one to produce the operating system.

The case dragged on through the appeal courts until 2001 when the DoJ and Microsoft reached a settlement which enabled Microsoft to avoid the threatened break-up of its operations.

Microsoft monopoly
Microsoft's anti-competitive activities also attracted the scrutiny of the EU Commission



Meanwhile on the other side of the Atlantic, the European Commission started its own investigation into Microsoft's activities after receiving a complaint from Sun Microsystems in 1998 asserting that Microsoft refused to supply interoperability information.

"The case dragged on through the appeal courts until 2001 when the DoJ and Microsoft reached a settlement which enabled Microsoft to avoid the threatened break-up of its operations."During the course of its investigation, the Commission broadened the scope of its inquiry to include, amongst other things, Microsoft’s conduct in relation to its Windows Media Player.

That investigation resulted in a preliminary finding, issued in August 2001, stating that Microsoft had abused its dominant position by hindering the interoperability between its operating system and third-party workgroup server operating systems and by tying its Windows Media Player to the Windows operating system.

In March 2004, the EU Commission ordered Microsoft to pay € 497 million (USD€ 794 million), the largest fine ever handed out by the EU at the time, in addition to the previous penalties, which included 120 days to divulge the server information and 90 days to produce a version of the Windows operating system without Windows Media Player.

Microsoft initiated an unsuccessful action for annulment with the Court of First Instance (CFI) which rendered its final judgment on 17 September 2007. A compliance agreement between the Commission and Microsoft was reached on 22 October 2007.

Microsoft fines
EU fines for anti-trust violations were small potatoes for cash-rich Microsoft



To put things into perspective here, it's worth recalling that, according to the Wall Street Journal in a report published in 2006, the total amount of the fines imposed on Microsoft by the EU was around USD 0.97 billion, a relatively small amount in comparison to the USD 4.93 billion paid out by Microsoft to major rivals, such as Sun Microsystems and IBM, in order to persuade them to drop other anti-trust claims. Both of these amounts are in turn dwarfed by Microsoft's massive cash reserves, estimated at USD 34.8 billion in 2006.

"That investigation resulted in a preliminary finding, issued in August 2001, stating that Microsoft had abused its dominant position by hindering the interoperability between its operating system and third-party workgroup server operating systems and by tying its Windows Media Player to the Windows operating system."In March 2009 it was reported that the EU was scaling back its monitoring of Microsoft's adherence to the 2004 antitrust ruling because "the company's good behaviour meant that full-time supervision was no longer needed".

Since then Microsoft has for the most part managed to stay off the radar of anti-trust authorities although there have been occasional complaints filed against it for allegedly anti-competitive behaviour, for example the complaint filed by Moscow-based cyber security firm Kaspersky Lab in 2017 which was subsequently withdrawn following an amicable settlement.

More recently in July last year news broke of a fresh anti-trust complaint against Microsoft filed with the European Commission by Slack Technologies.

"Unless an amicable settlement is reached - which seems unlikely in this case - it could well be that Microsoft's controversial "software bundling" practices will be back in the headlines again."The essence of Slack's grievance is that Microsoft has illegally tied its Teams product into its market-dominant Office productivity suite, force-installing the software for millions, blocking its removal, and hiding the true cost to users. Slack has called for Teams to be separated from Office 365 and for a market rate to be charged for the service.

Unless an amicable settlement is reached - which seems unlikely in this case - it could well be that Microsoft's controversial "software bundling" practices will be back in the headlines again.

In the next part we will see how the US DoJ's scrutiny of Microsoft has not been limited to the investigation of anti-competitive practices but has extended to alleged infractions of the US Foreign Corrupt Practices Act. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part IX - Literature About Malignant Narcissists in America Silencing the Press
There's a price for criticising abuses
Gemini Links 28/10/2026: BaseFree Numerical System, Tolino Vision 2, and More
Links for the day
Intercontinental Brigading - Part XVIII - Microsoft is Not the Victim (It Was Never the Victim), It's Just DARVO
"DARVO is now in the dictionary. That’s a win for abuse survivors"
 
100 Years of IBM Racism
GAFAM is not about "diversity" or "equity" or whatever. It's a greedy, money-making venture, even if they appoint CEOs of colour
Racism at Microsoft
Microsoft tribalism has an element to it aside from corporate allegiance
Compelling Examiners at the European Patent Office to Fake "Growth" (in Patent Monopolies) Using Slop and Sloppy Processes
The agenda of management is likely illegal and the methods likewise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 27, 2026
IRC logs for Tuesday, October 27, 2026
The Cyber Show on Plagiarism (BS Artists) and Fear of GNU/Linux Users
Take a look at these articles
"EVENTS" as Paid Spam (Marketing) at The Register MS
Now that layoffs are "buyouts" and debt is "credit" (or "investment" in slop) why not call spam "event"?
Just Jealous
LLMs vs Developers
The Need for Operating System Kernels That Forbid LLM Slop
Not even OpenBSD is an alternative to Linux slop
Links 27/10/2026: "Why My Dad Didn’t Have a Cell Phone" and Sudan Famine Risk
Links for the day
Links 27/10/2026: Google Increases Spying on Online Everything (Personal Files, Mail), Anthropic Takes Its Losses and Debt Public
Links for the day
The British Economy Too Dependent on an American Slop Scheme
United States Government debt will soon eclipse 40.5 trillion dollars
We've Already Begun Work on the 20th Year of Techrights
We'll do a yearlong endeavour of improvement instead of a one-day hurrah
Intercontinental Brigading - Part XVII - The Relevance of Silent Layoffs at Microsoft
"Economic Crime and Corporate Transparency Act: strategic lawsuits against public participation (SLAPPs)"
Volunteers or Unpaid Developers Won't Bother Interacting With Mindless LLMs That Pass Labour From Lazy Companies to Human Beings
The people who run Debian are killing the will to do Free software
Slop is Killing the Open Web
The Web is a jungle and "open sites" (without restrictions or walls) are exposed to the 'feeding frenzy' of reckless plagiarists who call their "theft" something like "super intelligence" or "training"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 26, 2026
IRC logs for Monday, October 26, 2026
As Microsoft Tells Close to 30% of Its Staff to Leave IBM Takes Notes
IBM does the same with PIPs
It's Perfectly Possible That Microsoft Has Just Told Most of Its American Workers to Leave
A better news headline might focus on the US and give a figure like 50%, not "quarter"
Richard Stallman Was Right About "Hey Hi"
Now the chicken come home to roost
Gemini Links 27/10/2026: "To Change or Not To Change?" and "Initial Planner Plans"
Links for the day
Intercontinental Brigading - Part XVI - The Faustian Pact That Irritates Hired Guns is Still a Distraction From the Serious Harm Done by Their Clients to GNU/Linux Users (Notably Plagiarism and Back Doors)
We'd rather talk about the harms caused
Links 26/10/2026: Microsoft Chaffbot "Building Detailed Psychological Profiles of Its Users", Man Executed for Childhood Offenses
Links for the day
Gemini Links 26/10/2026: Writing Down Dreams and "Sabbath as Resistance"
Links for the day
The Register MS Gets Rid of Disclosures About Paid-for Spam Regarding "AI", It Also Composes Fake News for the Sponsors
Selling away its credibility is known as "Sellout"
Microsoft 'Buyouts' Sound Just Like 60,000 Layoffs of 'Expensive' or More Experienced Staff ('Soft' Layoffs or Even Worse, Negligible Severance)
This is not a "gift" to staff, it's just a pink slip with a hundred dollar bill attached to it
This is How Microsoft Ends (Over a Quarter of the Company Now on the Chopping Block)
Microsoft has quit pretending
Search Without Encryption for Legacy Systems (Permacomputing) and Full Backward Compatibility
At your own risk
Shift to the Lula (Left)
Lula is a friend of Free software and ODF
More Stories and Material Than We Can Publish
We're gaining or have amassed material faster than we manage to publish
European Patent Office Takes From the Poor to Give More to the Rich
The "pension schemes are overfunded at 120.5%"
Intercontinental Brigading - Part XV - Annualised Consequences for Opposing Microsoft Back Doors in Linux Since 2012
a roundup of what we got from GGG
Links 26/10/2026: China’s Communist Party Plenum and Aleksandar Vucic Concedes Defeat
Links for the day
In Reporting, Timing is Everything
If you keep calling people "paedophiles" when you yourself are connected to paedophiles (or are a paedophile), you're attracting a lot of unwanted attention to yourself
Links 25/10/2026: Microsoft Layoffs and Cuts, Luiz Inácio Lula da Silva Wins Election
Links for the day
Gemini Links 26/10/2026: Brazilian Politics and Leaving Bear Blog
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 25, 2026
IRC logs for Sunday, October 25, 2026