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to solve the pending antitrust case. According to the Microsoft’s proposals,
Windows 7 would include Internet Explorer, but the consumers would be
given a free and effective choice of web browser. In parallel, the original
equipment manufacturers would also be able to install competing web
browsers.
The Commission examined Microsoft’s proposals and declared in
June 2009
8
that it would shortly decide on these undertakings consisting
of Windows 7 and the separation of Internet Explorer from Windows.
Meanwhile, Microsoft - in order to satisfy the Commission’s concerns on
the applicability and effectiveness of the proposed undertakings
9
- made
additional proposals on the interoperability between third party products
and Windows and Windows Server.
Commission’s Market Test and Decision
On 9 October 2009, the Commission
10
invited the consumers, software
companies, computer manufacturers, and other interested parties to make
their comments on the proposals of Microsoft to provide present and
future users of the Windows PC operating system a greater choice of web
browsers.
On 16 December 2009, the Commission made the above-stated
proposals binding upon Microsoft. The Commission stated in its decision
11
that in view of the commitments made binding upon Microsoft, there
were no longer grounds for action by the Commission. The Commission
stipulated that the decision would be binding on Microsoft for five years
from the date of adoption.
The Commission is allowed to review Microsoft’s commitments in
two years, and Microsoft is required to report regularly to the Commission
on the implementation of the commitments.
8 For further information, please also see MEMO/09/272 of the Commission.
9 The Commission considered - at first sight - that the proposed commitments would not neces-
sarily have achieved greater consumer choice in practice and would not be considered as effec-
tive remedies.
10 Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case
COMP/C-3/39.530 — Microsoft (Tying).
11 Commission Decision of 16 December 2009 (Case Comp/C-3/39.530 – Microsoft (Tying)).
For further information please see. Article titled “Commission accepts Microsoft’s commit-
ments to prevent eventual abuse of its dominant position” published in our Law Journal of
December 2009.