EU will wait for Microsoft appeal before ruling on antitrust fines

European Union regulators will decide whether Microsoft has complied with a 2004 antitrust order after a court rules on the company's appeal in September, the EU's antitrust chief said.

European Competition Commissioner Neelie Kroes has threatened to fine Microsoft millions of euros for failing to comply with an order to license information to competitors on "reasonable and non-discriminatory terms." The company is appealing the 2004 decision. Bo Vesterdorf, president of the European Court of First Instance, said he expects a ruling before Sept. 17.

"We are waiting until the court has made a decision and that will be September," Kroes said in an interview in Lisbon on Tuesday.

The European Commission, the EU's antitrust regulator, has accused Microsoft of charging too much for data that helps competitors' products work with the Windows operating system. The measure aims to restrain the Redmond-based company from using its more than 90 percent share of computer software sales to thwart rivals in related markets, such as servers.

The commission levied a record $677 million penalty in March 2004. It fined Microsoft another $382 million in July 2006 for flouting the decision. The regulator is currently considering a third fine in the case.

Kroes said April 20 that its legal fight with Microsoft has taught officials that more drastic remedies such as a breakup may be needed for companies that continue to abuse their market dominance.

Tom Brookes, a Microsoft spokesman, wasn't immediately available to comment.