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Microsoft wins delay from EU

By ROBERT WIELAARD
The Associated Press

Antitrust chief Mario Monti is not backing down.

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The decision came a day before an EU order was to take effect requiring Microsoft to make Windows software available without its digital player to European computer makers.

In a statement, the organization's head office said it agreed to lift the order temporarily only "in the interest of a proper administration of justice."

EU antitrust chief Mario Monti signaled he was not backing down.

"The commission believes that the remedies are reasonable, balanced and necessary to restore competition in the marketplace and that there is a strong public interest in favor of implementing them without waiting for the judgment on the substance of the case," the statement said.

Microsoft had asked the EU's high court Friday to issue a long-term order barring the antitrust decision from taking effect while the company's appeal is being considered.

EU spokeswoman Amelia Torres said she expected a court ruling on Friday's request in two months.

In March, the European Commission, the EU's administrative arm, declared Microsoft guilty of abusing its "near monopoly" with Windows software. It levied a record fine of 497.2 million euros ($613 million) and demanded changes in how the Redmond company operates in Europe to improve competition globally.

Microsoft was given 90 days — until today — to separate the media player from Windows software.

It also was given 120 days to issue "complete and accurate" information to rivals in the server market so that their products can become fully "interoperable" with desktop computers running Windows.

On June 7, Microsoft filed a 100-page appeal asking the EU's high court to annul the antitrust decision and its penalties.
 
That move in itself did not stop the order, so Microsoft filed a petition Friday with the EU high court seeking "interim" relief from the antitrust decision.

It wants no penalties imposed while it pursues a final appeal of the ruling.

To get its way, it must convince the EU high court it will suffer "irreparable harm" if the measures are implemented now, even if they are reversed later on a final appeal that may take five years or more.

Microsoft said pushing through the antitrust order will hurt software-development companies as well as Web-site developers "who have built products for the Windows platform."

The EU's case against Microsoft concerns the company's practice of locking new features into its Windows software to help sell upgrades.

The software giant says such "bundling" benefits consumers, but rivals call it unfair competition because Windows runs 90 percent of personal computers worldwide.