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The problem with the common sense application | 228 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The problem with the common sense application
Authored by: Anonymous on Thursday, March 07 2013 @ 10:14 AM EST

Sadly, it doesn't appear that's how the current anti-competition leadership see it. From their press release:

In 2009, the Commission had made these commitments legally binding on Microsoft until 2014
Specifically, Microsoft committed to make available for five years (i.e. until 2014)
The choice screen was provided as of March 2010
So without the 14 months lost, 60 months from Mar 2010 is Mar 2015. But the commission only ever specifies 2014. Absolutely no mention of MS making up that lost time.

So at this time, it really looks like MS was able to buy 14 months of non-compliance on top of the non-compliant months from the actual start date till Mar 2010. If the anti-competition commission really wants companies to understand they must comply...

the need to ensure a deterrent effect
... then they really need to consider the 60 months committment in the context of how long the choice really is available and get some time extension added on.

Otherwise MS has just learned they can simply pay and still not comply. And other abusive companies just learned the same lesson.

If the commission thinks 700+ million US is sufficient to deter MS, the current examiners didn't look at the previous situation and the fact the fines rang into the Billion range before MS stopped dragging its heals on the documentation. As some CEO's are wont to say:

    Fines are just a cost of doing business!

RAS

[ Reply to This | Parent | # ]

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