Microsoft cancels hearing in European antitrust case
BRUSSELS - Microsoft Corp., the world's largest software maker, canceled a hearing next month to respond to European Union charges the company illegally ties its Internet browser to the Windows operating system.
Microsoft said in a blog posting yesterday it no longer wants to present its defense to the European Commission at the June 3 to June 5 hearing because senior EU officials will be attending another event on the same dates. The commission, the EU's antitrust authority, rejected Microsoft's request to change the hearing dates.
"While we would like an opportunity to present our arguments in an oral hearing, we do not think it makes sense to proceed if so many of the most important European Commission officials and national competition authorities cannot attend," Dave Heiner, Microsoft's deputy general counsel, said in the blog.
The commission sent Microsoft official charges, known as a statement of objections, on Jan. 15. The company is accused of limiting consumers' choices and stifling product innovation by including its browser with Windows. Microsoft submitted a written response April 29.
The commission will now base its decision on that response. There is no time frame for a final ruling. Companies can be fined up to 10 percent of annual sales for antitrust violations.
The Brussels-based commission has fined Microsoft a total of $2.33 billion for abusing its market dominance and failing to comply with a 2004 antitrust order. The Redmond, Wash. company is appealing against a fine for noncompliance.
The three-day hearing would have given Microsoft's foes and supporters a chance to express their views.
Symantec Corp., the biggest maker of security software, said Wednesday it's supporting the EU. Symantec's rival McAfee Inc. also won EU permission to intervene in the case.
Microsoft fell 56 cents to $19.82 in Nasdaq Stock Market trading.
Senior competition officials will be attending a conference in Zurich during the scheduled hearing dates. The EU said June 3 to June 5 was the only time when a suitable room would be available in Brussels.
