Microsoft accuses EU of collaboration

MICROSOFT’S wrangling with the European Commission took a fresh twist last night as the US software group claimed that the authority had set up “inappropriate” contacts between its key rivals and an independent observer.

The US software group said that the Commission, its rivals and Neil Barrett, an independent trustee, actively collaborated last autumn “in a manner inconsistent with the Commission’s role as neutral regulator and the trustee’s role as independent monitor”.

Mr Barrett, a computer science expert, was appointed to oversee the implementation of orders made against Microsoft after the Commission found that the company had abused its market position.

In 2004 Microsoft was fined €497 million and ordered to provide information to allow its competitors’ group servers to work with its Windows operating system.

Microsoft’s latest claims were made in response to the Commission’s “Statement of Objections” of last December, in which it accused the company of failing to fully comply with its order. The Commission has threatened Microsoft with fines of up to €2 million (£1.4 million) a day.

Microsoft said yesterday that it had been granted access to correspondence disclosing “inappropriate” contact between the Commission, Mr Barrett and its rivals, only two days before it had to respond to the Commission’s claims.

It also said the Commission, which declined to comment, failed to fully disclose documents that allegedly show it facilitated discussions between Mr Barrett and its rivals. “E-mail chains are not finished, questions are left unanswered and documents are mentioned that are not disclosed,” it said.

By Joe Bolger