"Microsoft should provide an alternative browser, not a browser-free operating system"

"Businesses rely on the advantages of products and services to compete, not by manipulating prices."　　"Recently, the reporter on the European Union accused Microsoft of the sale of IE and Windows bundled in violation of EU antitrust regulations," Neelie Kroes, a member of the EU Competition Commission, and asked her how Chinese companies should avoid the pitfalls of violating monopoly rules in the process of investing in Europe.　　June 28, in the written reply to this newspaper, Kroes the above suggestions to all enterprises in Europe, including Chinese enterprises, and elaborated the EU's Anti-Monopoly Law implementation details.　　"21st century": Can you take Microsoft IE-browser bundled case as an example, introduce EU antitrust measures implementation process?　　Neelie Kroes: The EU Competition Commission regulates the market and talks with relevant companies and consumers. If there is clear evidence that competition is likely to arise, the Commission will start a formal antitrust lawsuit. If the investigation shows that an enterprise does violate the EU antitrust regulations, the Commission will send a statement of dissent to the enterprise.　　In early 2009, for example, the Committee sent a statement of objections to Microsoft in the case of a browser bundle. In general, the enterprises involved will have two months to make a written reply, and can apply for oral hearings to elaborate their views. Persons involved in the case-the Competition Commission, the relevant national competition authority, enterprises and third parties accredited by the Commission-may participate in the hearings.　　In this case, Microsoft initially applied for such an oral hearing, but later withdrew the application.　　After the enterprise has stated its own opinion, the Competition Commission, if it still finds that it violates the EU antitrust regulations, will pass a binding decision and may impose a fine and/or require the enterprise to stop misconduct.　　If an enterprise is not satisfied with the decision, it may lodge an appeal with the European Court of First Instance and eventually appeal to the International Court of Justice.　　Of course, if an enterprise does not comply with an antitrust resolution, the Committee is entitled to further fines.　　In the Microsoft case, the Committee has not decided yet, because the Committee is still considering Microsoft's objection statement.　　21st Century: Can you introduce the legal basis of EU antitrust measures? Neelie Kroes: According to 82nd of the EC Treaty, if an enterprise occupies a dominant position in a certain area and uses such dominance to adopt competitive means, including excluding competitors, in the market, then the enterprise has breached the law.　　Microsoft's browser is under scrutiny. The 81st section of the EC Treaty is the second largest legal basis for antitrust.　　This article prohibits restrictive business activities between enterprises, such as cartel alliances that form price determination and market sharing. 21st Century: What data did the Commission cite when it decided that Microsoft had violated the EU competition law?　　In other words, how can you analyze the losses of consumers and other browser manufacturers with the quantitative data? Neelie KrOES: So far, the Committee has not decided whether Microsoft IE has really violated the EU's antitrust regulations. However, in conducting surveys of enterprises, the Commission usually sends letters to them about the details and data of the case. They can also check business premises without prior notice to gather evidence. At the same time, they will also consult the company's competitors and customers.　　We use these surveys to determine the competitive behavior of enterprises. 21st Century: Although Microsoft has provided a solution for Windows systems and IE's spin-off program, the Committee is not satisfied.　　What then is the Committee's proposal? Neelie Kroes: At present, the Committee has not yet made a formal response to the Microsoft measure. In any case, the purpose of the Commission's antitrust review is to protect the customer's choice. Microsoft has been bundling IE and windows for 13 years.　　In view of the possible remediation scenarios, the Commission considered that it should provide alternative IE browsers, rather than providing Windows operating systems with no browsers attached. "21st century": How do Chinese companies avoid violating EU competition law?　　Can you give some advice on this?　　Neelie Kroes: Any company that does business within the EU, regardless of which country it comes from, must obey the EU's antitrust regulations.　　In the area of competition policy, the Commission has been intensifying dialogue with the Chinese government and competition authorities to avoid such problems in our respective markets. Enterprises rely on the advantages of products and services to compete, not by manipulating prices. This is very important. All Chinese companies active in the EU market must be aware of what the EU antitrust regulations do not allow.