The complaint follows the European Court of First Instance's
backing in September of earlier European Commission antitrust
penalties against the software giant.
Opera Software's complaint claims that Microsoft is acting
unfairly by tying its own browser, Internet Explorer, to its
dominant operating system, Windows. It also complains that
Microsoft is not following web standards which promote
interoperability between systems.
The complaint asks the Commission to force Microsoft to either
include other browsers pre-installed on its desktop or to unbundle
Explorer from the operating system, and to force it to make its
technology comply with open standards so that it works with third
party software.
"We are filing this complaint on behalf of all consumers who are
tired of having a monopolist make choices for them," said Jon von
Tetzchner, chief executive of Opera. "In addition to promoting the
free choice of individual consumers, we are a champion of open web
standards and cross-platform innovation. We cannot rest until we've
brought fair and equitable options to consumers worldwide."
Microsoft was fined €497 million in 2004 by the European
Commission for abusing its dominant position in the operating
system market to freeze out rivals. In September the European Court
of First Instance upheld that ruling and, later, Microsoft
abandoned an appeal.
The Opera action is the first complaint filed to the European
Commission, which regulates competition across the European Union,
since that court decision.
Microsoft said that it did not force Internet Explorer on any
customer. "It’s important to note that computer users have complete
freedom of choice to use and set as default any browser they wish,
including Opera, and PC manufacturers can also preinstall any
browser as the default on any Windows machine they sell," said a
Microsoft statement issued to OUT-LAW.COM.
"We will of course cooperate with any inquiries into these
issues, but we believe the inclusion of the browser into the
operating system benefits consumers, and that consumers and PC
manufacturers already are free to choose any browsers they wish,"
it said.
One of Opera's senior lawyers said that the company wanted to
force Microsoft to change. "Our complaint is necessary to get
Microsoft to amend its practices," said Jason Hoida, deputy general
counsel at Opera. "The European Court of First Instance confirmed
in September that Microsoft has illegally tied Windows Media Player
to Windows. We are simply asking the Commission to apply these
same, clear principles to the Internet Explorer tie, a tie that has
even more profound effects on consumers and innovation."
