European Union: Microsoft should offer optional browser and rather than not to have browser system

Li Mo of reporter Yuan Xue's exercitation reporter

"The enterprise relies on the advantage of product and service to compete, is not through operating the price such method. is not through operatin the best selling dog stairsg the price such method..

Recently, our newspaper reporter bound IE and Windows the sale to disobey European Union antitrust to provide one case special report with respect to Microsoft of European Union accusation Neelie Kroes, enquire to her how Chinese enterprise should avoid to be immersed in the trap that violates forestall regulation in investment Europe process.

On June 28, in the written response that gives our newspaper, kroes is right course of study of the state-owend enterprise in including inside all enterprises is in Europe offerred afore-mentioned proposals, the antitrust law that elaborated an European Union in detail carries out detailed rules.

" 21 centuries " : You can be bound with Microsoft IE browser case for exemple, introduce the executive course of measure of European Union antitrust?

Neelie Kroes: Commission of European Union competition superintends the market, speak with relevant enterprise and consumer.

If clear evidence shows issue of likelihood occurrence competition, commission can develop formal antitrust lawsuit. If investigation makes clear, some enterprise has the act that violates ordinance of European Union antitrust truly, committee can send demur statement to this enterprise. For instance, at the beginning of 2009, committee is bound with respect to the browser case sent demur statement to Microsoft.

Experience record company can have two months time to make written form reply generally speaking, can apply for to hold oral hearing, will elaborate oneself viewpoint. The person that the case is involved -- the tripartite that authorities of director of concerned country competition, enterprise and competitive commission, committee approbate -- can attend a hearing. The case is here medium, microsoft applied for such oral hearing at the beginning, but later cancel application.

After the enterprise states his point of view, if competitive commission still maintained it to violate ordinance of European Union antitrust, with respect to the decision that can have sanction through, be in possibly in order to f dog crates large best buy ine, at the same time / perhaps ask this enterprise stops misfeasance.

If the enterprise decides to refuse to obey to this, can mention to court of European Union first trial appeal; Can appeal finally to the International Court of Justice.

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Of course, if the enterprise is disobedient antitrust resolution, committee has authority to be in with further penalty.

In Microsoft case, committee still is done not have make what d the most popular selling dvd discovery ecision, because committee still is in,the demur statement answer to Microsoft has a consideration.

" 21 centuries " : Can you deny the legal basis that introduces measure of European Union antitrust?

Neelie Kroes: According to Europe in all body treaty the 82nd regulation, if the enterprise was held in some domain,control a position, and use position of this kind of advantage the word of the competitive measure that includes to repel the competitor waits inside was taken in this market, so this enterprise has broken the law. Microsoft browser got examine accordingly.

Europe in all the basis of the 2nd old law that body treaty is antitrust the 81st. This clause prohibits the dvd discovery channel commercial activity that restricted has between the enterprise, the cartel that if form the price,shares with the market certainly is allied.

" 21 centuries " : Did committee offend in adjudicative Microsoft what data data is what what cite when the competitive law of the European Union? In other words, by right of the data that those quantifying, how you can analyse the loss of consumer and other browser manufacturer?

Neelie Kroes: Up to now, whether was commi dvd discovery best buy ttee also disobeyed truly with respect to Microsoft IE the final conclusion below byelaw of European Union antitrust.

But, when this committee is undertaking investigating to the enterprise, connect regular meeting to send case understand case detail and data to them. The office site that they also need not inform beforehand and examines a business with collect evidence. In the meantime, they also are met consult the view of this industry competitor and client. We decide through these investigation the competitive behavior of the enterprise.

" 21 centuries " : Although Microsoft had offerred WINDOWS system and IE browser tear apart plan to settle way as, but committee is dissatisfactory. So, is the proposal of committee what kind of?

Neelie Kroes: Current, committee had be notted be opposite Microsoft this one measure make formal response. Anyhow, the end that the antitrust case of committee examines is the choice that protects a client. Microsoft binds IE and WINDOWS the sale before this fully 13 years. Remedy pl dog crates large an to look from what those likelihoods appear, committee thinks to should offer optional IE browser, is not to offer not accessary the WINDOWS operating system of any browsers.

" 21 centuries " : How does Chinese enterprise avoid to violate law of European Union competition? Can you g dog crates large strong ive a few proposals in t most popular selling dvd discovery his respect?

Neelie Kroes: Any companies in deal of European Union interior, no matter come from which country, must be subject to the antitrust byelaw of the European Union.

In competitive policy respect, committee strengthens a dialog wi the most popular selling dog stairs th Chinese government and competitive management department all the time, avoid to appear inside our respective market such problem.

The enterprise relies on the advantage of product and service to compete, is not through operating the price such method. This is very important. All and active must understanding what kind of act in the Chinese enterprise of European Union market is place of byelaw of European Union antitrust unallowed.