Microsoft And The Eu: A Bungled Attempt At Market Regulation

We've watched the European Commission's attempts to regulate Microsoft with growing concern over the past three years. On 1 March the Commission published a further 'statement of objection' in which it claims that the majority of the information for which Microsoft proposes to charge is insufficiently 'innovative' to warrant the fees that Microsoft intends to charge. The Commission's standard for 'innovation' clearly goes far beyond the standard set by the European Patent Office as the Commission's claims cover a number of technologies for which Microsoft has already obtained patents.

This move has potential ramifications that go far beyond the Commission's arguments with Microsoft. The Commission is sailing close to some very hard rocks that could damage the prospects of the European technology industry and have a significant impact on the ability of companies from Europe and elsewhere to protect their intellectual property.