Microsoft Says EU is Withholding Docs

Microsoft has attacked the European Commission for violating its right to a fair defense by withholding 71 out of 100 documents relating to the EU's antitrust case against the Redmond company. Microsoft has also requested an extension to a February 15 deadline that it comply with EU demands.

In a letter sent to the Commission on January 30, Microsoft lawyer Ian Forrester demanding "full access" to the company's case file. Of the 29 documents it has been provided, 25 of them were actually correspondence between Microsoft and the EC, the letter alleges.

"I feel it is difficult to deny there is an infringement of what most lawyers in Brussels would regard as normal rights of defence. Indeed, I take the liberty of suggesting that normal rights of defence are being trumped by the supposed need to avert a 'danger to effective competition'," wrote Forrester.

The EU fined Microsoft 497 million euros in March 2004, and attached stipulations for compliance. One demand was a version of Windows without the company's media player software, which it released last year, and the other was to open the source code of Windows Server networking protocols to third party developers.

While Microsoft initially balked at the demand, the company later rolled out a licensing program, but the Commission said the move did not go far enough. In response, Microsoft announced a broad program last week to provide the entire source code to Windows Server.

However, the EU said this week it is still waiting for the full details of Microsoft's proposal. The Commission could decide to enforce a 2 million euro per day fine dating back to December if it feels Microsoft is not complying with the judgment to the best of its ability.

In the letter, Microsoft asked that the EU push back the February 15 deadline so it has a chance to review the documents in which European Commissioners have accused the company of dragging its feet.

"It would be appropriate to grant Microsoft a further extension of time in which to prepare its defense since Microsoft should have access to the missing documents in due time to formulate its response," the letter added.

EU spokesperson Jonathan Todd characterized Microsoft's assertions as "premature" in a statement.

"Microsoft's requests for access to the file is the subject of discussion between the Commission's hearing officer and Microsoft. It is therefore premature that Microsoft complain that the commission has infringed its rights of defence," said Todd. "The hearing officer has been put in place in order that due process and the defence rights of companies implicated in competition cases are fully guaranteed."