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Microsoft felt that the fine was unfair
and the magnitude of the fine was inappropriate. Commenting
on the EU decision, Brad Smith (Smith), General Counsel,
Microsoft, said, "The fine announced today is larger than
the fines the Commission has imposed for even the most
severe competition law infringements, such as price-fixing
cartels. When you consider Microsoft's massive efforts to
comply with this ruling, and the fact that more than a dozen
companies are already using similar documentation provided
in the US to ship actual products, we do not believe this
fine is justified."3
According to Microsoft, the issue had to do with clarity
rather than compliance and said that it was unaware of what
details were required by the EU. |
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Smith said, "In our view, this issue has never been about compliance, it's
about clarity."4 He added, "We do not believe that any fine, let
alone a fine of this magnitude, is appropriate, given the lack of clarity in
the Commission's original decision and our good faith efforts over the past
two years."5 Microsoft said that it would appeal the decision in
the European courts.
Microsoft said that it had made efforts to deliver documentation as needed
by the EU. Brad Smith, General Counsel, Microsoft said, "Microsoft is
dedicating massive resources to meet the aggressive schedule and
high-quality standards set by the trustee6 and the Commission in
this process."7 He also added that around 300 people were working
full-time on the project.
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[3] "Microsoft hit with $357M E.U. fine," www.cio.com, July 12, 2006.
[4] Gregg Keizer, "Microsoft pledges to appeal $357 million EU fine,"
www.informationweek.com, July 13, 2006.
[5] Gregg Keizer, "Microsoft pledges to appeal $357 million EU fine,"
www.informationweek.com, July 13, 2006.
[6] Neil Barrett, a UK computer scientist and IT security expert, was
appointed as trustee by the European Commission in October 2005, to provide
impartial advice the Commission on Microsoft's compliance to its 2004
ruling.
[7] "Fine Announced by European Commission," www.persupport.nl, July 12,
2006.
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