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Microsoft cancels EC antitrust hearing

section: microsoft, for your questions: KezNews forum, 21.5.2009

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The first week of June was slated to be an interesting one, in terms of the current browser-bundling antitrust case in the European Union involving Microsoft, Opera and a growing cast of interested third parties.




But Microsoft officials said they’ve canceled their request for the oral hearing slated for June 3-5. The reason for the cancellation is detailed in a May 21 blog post by Microsoft Associate Deputy General Counsel David Heiner on the Microsoft on the Issues” blog.

The short version of the explanation: Microsoft requested the hearing to be rescheduled because the company believed that a number of the potential attendees were going to attend, instead, the International Competition Network (ICN) meeting in Zurich, which is slated for those same dates, June 3 to 5. (The European Commission is the one who chose the Microsoft hearing dates, according to the Redmondians.)

Because of the overlap in the dates, Heiner blogged:

“(I)t appears that many of the most influential Commission and national competition officials with the greatest interest in our case will be in Zurich and so unable to attend our hearing in Brussels. We raised concerns about this scheduling conflict with the Commission the very same day we were notified of the proposed hearing date. We asked the Commission to consider alternative dates and expressed our serious concern that holding a hearing during the same days as the ICN would make it much more difficult for the Commission’s and Member States’ key decision makers to attend. We pointed out that there’s no legal or other reason that the hearing needs to be held the first week of June. We believe that holding the hearing at a time when key officials are out of the country would deny Microsoft our effective right to be heard and hence deny our “rights of defense” under European law.

“Unfortunately, the Commission has informed us that June 3-5 are the only dates that a suitable room is available in Brussels for a hearing. Thus, the Commission has declined to reschedule the hearing despite our offer to find and outfit a suitable room ourselves at another time.”

source: blogs.zdnet.com

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