Microsoft: EU “Riding Roughshod” Over Its Defense

On Wednesday, Microsoft said the European Union is paying no attention to its rights of defense, but the European Commission (EC) holds that the company has all the resources it needs to argue the proposed antitrust fines of more than $2 million-a-day, Reuters reports.

A Feb. 15 deadline has been set for Microsoft’s response to the EC ruling that ordered the fines.

Microsoft said it was not given enough time to gather the appropriate resources.  The company also claims it wasn’t given complete access to its file, including a number of phone calls and communications that are crucial to its defense.

“The Commission cannot unilaterally take away a fundamental right of defense,” said Horacio Gutierrez, associate general counsel for Microsoft in Europe.  “This would be the same as taking away the right to a hearing, or the right to respond to a Statement of Objections.”

“Today we are less than a week away from the deadline for filing our response, so I suppose it is now official and they are indeed riding roughshod over our defense rights,” Gutierrez said.

The Commission claims Microsoft has had all the access necessary to defend itself, and that the company waited until the last minute to address the issue.

For background on the happenings between the 2004 antitrust ruling and today, read Microsoft Granted Extension for Fine Proposal Reply, Microsoft Will Appeal EU Ruling, Microsoft to License Windows Source Code and EU Commish Surprised by EU Source Code Offer.

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