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Originally published Wednesday, June 27, 2012 at 10:00 PM

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Microsoft wins small victory in European Court

A European Union court handed a small victory to Microsoft on Wednesday by reducing the fine in the EU's nearly 8-year antitrust action by nearly $50 million, to $1.1 billion, effectively ending the case.

The New York Times

Key dates in EU-Microsoft antitrust action

A European Union probe, triggered in 1998, looked at whether Microsoft had abused its near-monopoly over Windows to corner other markets, including server software, Internet browsers and streaming media software.

March 24, 2004: The European Commission finds Microsoft guilty, fining the company $613 million and ordering it to to share technical documents with rivals and market a version of Windows without a media player.

July 12, 2006: EU decides Microsoft isn't obeying the 2004 decision and penalizes it an additional $357 million.

March 1, 2007: EU threatens Microsoft with even more penalties as it accuses the company of further noncompliance by setting royalty fees too high for technical documents.

Jan. 14, 2008: EU announces it is investigating Microsoft again, this time on suspicion of abusing its market position by squeezing out other Internet browsers and software rivals dependent on Microsoft programs.

Feb. 27: EU regulators impose a $1.3 billion penalty — a record at the time — for failing to fully comply with the 2004 antitrust order. This is on top of the fine imposed in 2004 and the penalty of 2006. In May, Microsoft appeals..

Jan. 16, 2009: The European Commission orders Microsoft to untie its Internet Explorer browser from Windows.

July 24: Microsoft agrees to offer a choice of rival Web browsers on Windows to ward off new EU antitrust fines.

Dec. 16: The EU drops the browser case after Microsoft agrees to give Windows users in Europe a choice of up to 12 other Web browsers. Only the appeal of the 2008 fine remains pending.

Wednesday: The EU General Court rejects Microsoft's appeal of the 2008 penalty, but reduces it to about $1.1 billion, ending the case.

Source: The Associated Press

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BRUSSELS — A European Union court Wednesday largely upheld a billion-dollar penalty against Microsoft, a decision that could mark the end of an era in antitrust law in which regulators used big fines to bring technology giants to heel.

The General Court, the second highest in the Union, handed a small victory to Microsoft by reducing the fine by nearly $50 million, to $1.1 billion, finding that the European Commission had miscalculated the amount.

But the court rejected a plea by Microsoft to annul the fine, which was imposed in 2008 as part of a decadelong battle over the way Microsoft used its Windows computer-operating system to crush competition.

The ruling "essentially upholds the commission's decision imposing a periodic penalty payment on Microsoft," the court said, but it decided that it was "necessary to alter the amount of the periodic penalty payment."

The penalty was a record at the time, and Microsoft was the first and only company that the commission had fined for disobeying its orders in an antitrust case.

But that is a road the commission would prefer not to go down again in cases under way against Google and other technology giants.

Last month, the EU competition commissioner, Joaquin Almunia, said Google might have abused its dominance in Internet search by promoting its own businesses at the expense of competitors. Almunia has also told Google to propose changes by early next month or face formal charges.

But in a marked shift in tone and tactics in a European antitrust case, Google and Almunia have signaled that they would prefer a negotiated settlement to confrontation.

Robin Koch, a Microsoft spokesman, declined to comment Wednesday about whether the company would make a final appeal to the Union's highest court, the European Court of Justice.

"Although the General Court slightly reduced the fine, we are disappointed with the court's ruling," Koch said. He also underlined that Microsoft had "entered into a broad understanding with the commission that resolved its competition law concerns" in 2009.

Neelie Kroes, the former EU commissioner for competition, imposed the fine when the company failed to comply with her order to provide other companies with enough information to work with its operating system.

Kroes took that step after finding that Microsoft had charged unreasonable prices for access to vital information to communicate with powerful server computers in a violation of a previous decision against the company in 2004.

Wednesday, the court upheld the commission's finding that Microsoft blocked fair access for competitors. But the court reduced the penalty marginally as the commission had failed to take into proper account terms concerning the timing of distribution of certain products by open source developers.

Microsoft also paid fines of 497 million euros and 281 million euros for related offenses, bringing the total to 1.7 billion euros during its battle with European regulators.

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