Mar 21, 2013
CPI Europe Column edited by Anna Tzanaki (Competition Policy International) presents:
Microsoft Fined for Non-Compliance: A Game-Changer in Antitrust Settlements by Mario Mariniello (Bruegel)
Introduction by Europe Column editor Anna Tzanaki
Our March Europe Column is dedicated to the Commission’s landmark decision earlier this month fining Microsoft for breach of its legally binding commitments. Microsoft offered voluntary commitments to close the Commission’s tying case back in 2009, by pledging to introduce a web browser ballot screen. Notably this was the first time that the Commission has fined a company for not respecting an antitrust settlement. However, the calculation of the fine was equally interesting, and as duly noted by Commissioner Almunia, it served as a signaling mechanism of specific and general deterrence against future infringements. This is of critical importance if the Commission is to continue adopting Article 9 commitments decisions, while ensuring strict compliance and the benefits of antitrust settlements. Competitors such as Google may be happy to see strict enforcement of Microsoft’s commitments but they should be careful about not finding themselves in a similar situation…
Mario Mariniello (Bruegel) explains the intricacies of the Microsoft fining decision and provides an insightful cost-benefit analysis of settlement decisions as a matter of antitrust policy. We hope you enjoy this month’s Europe Column!
The European Co
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