Microsoft Bows Out Of European Antitrust Hearing

"Why hold a hearing in the EU (European Union) if key decision makers are unable to attend," said Dave Heiner, vice president and deputy general counsel, in a blog post. The dates the Commission selected for the hearing, June 3 to 5, coincide with the International Competition Network (ICN) meeting, which will be held in Zurich, Switzerland, which Heiner called the "most important worldwide intergovernmental competition law meeting."

The European Commission is the executive branch of the EU.

Redmond, Wash.-based Microsoft said that the commission told it that the dates set are the only ones it has available in Brussels for the hearing.

"The Commission has declined to reschedule the hearing despite our offer to find and outfit a suitable room ourselves at another time," Heiner said. "While Microsoft maintains its request for a hearing at a different date, that request has been denied and the Commission hearing officer has deemed Microsoft to have withdrawn its request for a hearing."

The EC began an investigation in December 2007 following a complaint concerning unfair competition brought by Oslo-based Opera Software ASA. Other anti-Microsoft crusaders joining the fight include the Mozilla Foundation, Google and the industry group Free Software Foundation Europe.

In January 2008, the EC released its preliminary statement of objections, and said in a statement that Microsoft's bundling "undermines product innovation and ultimately reduces consumer choice."

Then in March, Microsoft asked the commission for a deadline extension so it could ready its response to charges that it illegally bundled its Internet Explorer Web browser with its Windows operating systems. The commission granted the request.

It's not clear what the next step is, but Heiner said the company believes it has a strong defense to the commission's complaint, "especially given the remedies put in place by the U.S. courts and the widespread usage of competing browsers."

"It is too early to know how the case will end, but whatever happens Microsoft is absolutely committed to offering Windows 7 in Europe in a manner that is fully compliant with European law," he said.