“In his opening remarks to the European Union’s Court of First Instance – where appeals to decisions made by the European Commission are heard first – Jean-François Bellis, counsel for Microsoft, is quoted by news services as having strayed from what Microsoft’s press sources say was supposed to be his script. Apparently speaking a bit less gently than Microsoft suggests, Bellis accused the EC of ‘fundamental errors of fact and reasoning’ in having decided in March 2004 that the company’s bundling of Windows Media Player with its operating system constituted an illegal attempt to leverage its monopoly power,” Scott M. Fulton, III reports for TG Daily.
“In its defense, Bellis pointed to the existence of Apple’s iTunes, and its apparent monopoly or near-monopoly presence in the European and world digital music markets, as proof that Microsoft does not have – and quite possibly may never have – a dominating presence in that field. As part of the company’s opening statements, according to the Associated Press, David S. Evans, an economist with Cambridge-based National Economics Research Associates, was permitted to enter into evidence that over 87% of computer users now play multimedia files, including MP3s, using software other than Microsoft’s,” Fulton reports. “If Microsoft truly had such a dominating presence in multimedia, Bellis reportedly said, Apple could not possibly have achieved its monumental market share… The ECIS is expected to demonstrate that, whatever success or failure Microsoft may have had, it did make the attempt – and an illegal one, under EU law – to leverage its undisputed monopoly in operating systems, to gain a lock on a new market in multimedia.”
Full article here.
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